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IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


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Q 


1.0 


I.I 


^1^  IKS 

I  us    112:0 


1.8 


1.25      1.4      16 

4 6"     

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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

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CIHM/ICMH 

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D 


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n 


D 


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Coloured  covers/ 
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/ 

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empreinte. 

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method: 


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et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  mdthode. 


1 

2 

3 

1 

2 

3 

4 

1 

5 

6 

4 


y. 


y  ./■' 


y^^z. 


y 


NOVANGLUS, 


AND 


MASSACHUSETTENSIS  ? 


OR 


POLITICAL.  ESSAYS, 

I^BLISHED 

tN  TriE  YEARS  1774   AND  1775,  «, 

ON   THE   PRINCIPAL   POINTS   OF   CONTROVERSY,   BETWEEN  GREAT 

( 
t  BRITAIN    AND    HER    COLONIES. 

;'■..  ■  -► 

THRFORMEaBT 

JOHN  ADAMS, 

LATE  PRESIDENT  OF  THE  UNITED  STATES  . 

TH£  LATTER  BT 


JONATHAN  SEWALL, 


':>■, 


THEN  king's  ATTORNEY  GENERAL  OF  THE  PROVINCE  OF  MASSACHUSETTS  BAi 

To  WHICH  ARE  ADDED 

A  >r3!BWR  o?  :L)CTTBRS,  i:^TELT  WRITTEN  BY 

PRESIDENT  ADAMS, 

TO 

THE    HONOURABLE    WILLIAM  TUDOR  ; 

SOME  OF  WHICH  WKR£  REVSR  BEEORE  FtfBLISBEB. 


BOSTON  : 

PRI.NTKD  A»D  PCBLISRRD  Bt  HEWS  &  COSS, 

1819. 


I 


/n 


..^^  > '  \ 


1   ■ 


DISTRICT  OF  MASSACHUSETTS,  to  wit, 

District  Clerk's  Office. 

BE  IT  REMEMBERED,  That  on  the  thirtieth  day  of  March,  A.  D* 
1819,  and  of  the  Forty-fourth  Yearofthe  Independence  of  the  United  States 
of  America,  HEWS  &  60SS,  of  the  said  District,  have  deposited  in  this 
Office,  the  title  of  a  Bonk,  the  Right  whereof  they  claim  as  Proprietors,  in  the 
words  following,  to  wit  :-~*'  Novangloe  and  Massachusettensis  ;  or  Political 
Essays,  published  in  the  years  1774  and  1775,  on  the  principal  points  of  con* 
troversy,  between  Great  Britain  and  her  colonies.  The  former  by  John 
Adaois,  late  President  of  the  United  States  ;  the  latter  by  Jonathan  Sewall, 
then  king^s  Attorney  General  of  the  Province  of  Massachusetts  Bay.  To 
which  are  added  a  number  of  letters,  lately  written  by  Prsident  Adams,  to 
the  Hon.  William  Tudor ;  some  of  which  were  never  before  published." 

In  conformity  to  the  Act  of  the  Congress  of  the  United  States,  entitled  "  An 
Act  for  the  Encouragement  of  Leamibg,  by  securing  the  Copies  of  Maps, 
Charts  and  Books,  to  the  Authors  and  Proprietors  of  such  Copies,  during  thc^ 
times  therein  liientioned  {^*  and  also  to  an  Act,  entitled  '^  An  Act,  supple- 
nentary  to  an  Act,  entitled.  An  Act  for  the  Encouragement  of  Learning,  by 
securing  the  Copies  of  Maps,  Charts  and  Books,  to  the  Authors  and  Proprie- 
tors of  such  Copies,  during  the  times  therein  mentioned  ;  and  extending  the 
benefits  thereof  to  the  Arts  of  Designing,  Engraving  and  Etching  Historical, 
apd  other  Prints." 

JOHN  W.  DAVIS,  Clerk  of  th«  District  of  Massachusetts. 


-'•■i 


■:*■■';  ,).\ 


*,? 


'^ 


TO  THE  PUBLIC. 


to 


FOR  the  last  twenty  years,  our  political  opinions  hare  par> 
taken  so  much  of  feeling,  in  the  contest  between  the  two  great 
European  rivals,  that  the  happiness,  the  interests,  and  even  the 
character  of  America  seem  to  have  been  almost  forgotten.  But 
the  spirit  of  party  has  now  most  happily  so  far  subsided,  that  a 
disposition  to  look  into,  and  examine  the  history  of  our  own  dear 
country,  and  its  concerns,  very  generally  prevails.  Perhaps  there 
is  no  part  of  that  history,  that  is  more  interesting,  than  the  con- 
troversy between  Great  Britain  and  her  colonies,  which  produced 
the  war  of  the  revolution,  and  their  final  separation. 
f;  It  is  important,  that  the  rising  generation  should  be  well  ac- 

quainted with  the  principles  and  justice  of  that  cause,  which  even- 
tuated in  our  Independence,  and  to  which  we  are  indebted  for  our 
present  envied  state  of  prosperity  and  happiness. 

The  principles  of  that  contrOTersy  were  ably  discussed  by 
various  writers,  both  in  England  and  America ;  but  it  has  been 
supposed,  that  the  sentiments  and  conduct  of  each  party  were 
more  elaborately  displayed,  in  certain  essays  published  in  Boston, 
a  short  time  previous  to  the  commencement  of  hostilities,  over 
the  signatures  of  JVovangliis  and  Massachusettensis^  than  in  any 
other  productions  whatever. 

The  former  were  written  by  John  Adams,  then  a  distinguished 
citizen  of  Boston,  one  of  the  noblest  assertors  of  the  rights  and 
privileges  of  the  colonies,  and  who  has  since  been  elected  to  the 
most  important  and  honourable  offices  in  the  gift  of  the  nation. 

The  latter  were  written  by  Jonathan  Skwall,  then  king's 
Attorney  General  of  the  province  of  Massachusetts;  a  gentleman 
of  education  and  talents — the  champion — and  possessing  the  conti- 
dence  of  what  were  then  called  the  government  party. 

By  an  attentive  perusal  of  these  essays,  a  correct  judgment  may 
be  formed  of  all  thp  principal  and  leading  points  ot  the  contro- 
versy, between  the  colonies  and  the  mother  country. 

Confiding  in  the  correctness  of  these  sentiments,  and  the  patron- 
age of  an  enlightened  public,  we  have  re-published  the  above 
mentioned  essays ;  to  which  are  added,  all  those  interesting  let- 
ters, written  by  President  Adams,  and  addressed  to  the  Hon. 
William  Tudor,  lately  printed  in  the  Boston  Daily  Advertiser, 
together  with  others  never  before  published. 

The  venerable  and  patriotic  author  of  JVovanglus,  now  lives  to 
behold  and  enjoy  the  blessed  fruits  of  his  labours,  and  that  of  his 
compatriots,  and  possesses,  in  the  highest  degree,  the  intellect  of 
his  most  intellectual  days. 


I  ( 


In  offering  this  volume  to  the  public,  we  please  ourselves  with 
the  hope,  that  it  will  be  a  valuable  acquisition  to  all  classes  of  cit- 
izens, who  wish  to  become  actjuainted  with  those  principles  ofcivil 
liberty,  for  which  our  ancestors  so  nobly,  and  so  successfully  con- 
tended. To  the  gentlemen  of  the  bar,  to  legislators,  and  to 
politicians  generally,  we  conceive  it  will  be  an  inestimable 
treasure. 

We  are  forcibly  impressed  with  the  wonderful  effect  the  essays 
of  Novanglus  must  have  produced,  in  the  times  in  which  they 
were  published,  by  convincing  the  great  body  of  the  people,  that 
the  parliament  of  Great  Britain  had  no  right  to  tax  the  colonies  in 
America.  But  in  reflecting  on  the  consequences  of  that  glorious 
revolution  which  these  essays  greatly  tended  to  produce,  the  mind 
is  imperatively  drawn  to  a  contemplation  of  the  present  political 
condition  of  Europe.  Representative  governments  are  gradually 
introducing  themselves  into  every  part  of  that  country  ;  and  we 
hope  the  day  is  not  far  distant,  when  the  whole  world  shall  be 
emancipated  from  tyranny.  As  Americans  we  feel  a  conscious 
pride,  that  the  resistance  which  our  ancestors  made  to  the  arbitrary 
machinations  of  an  Hutchinson,  a  Bute,  a  Mansfield  and  a  North, 
will  terminate  in  the  civil  and  political  freedom  of  all  aiankind. 

HEWS  &  GOSS. 
Boston,  July  I,  1819. 


ERRATA. 

J>AOE.  LINE. 

24  26  frou  the  top,  Tor  procrtatioru^  read  procuratioru. 

32  14  from  t\i9  lop,  for  lemure&d  Urrortt 

18  from  the  bottom,  read  more  after  rnwh. 

44  9  fruin  tlie  (op,  for  thtir  read  these. 

55  20  from  the  top,  for  shewtng  read  knowing. 

69  1  from  the  bottom,  for  articles  read  artijues. 

lOO  12  from  the  top,  for  knew  read  know, 

and  for  know  read  knew. 
100  2  from  the  bottom,  for  amily  read  anxiety. 

120  1  from  the  bottom,  dele-suo. 

120  6  from  the  bottom,  for  compact  read  conquitt, 

-?40  8  from  the  bottom,  for  expected  read  rtspectei. 


■!-W.:V 


'I; 


PREFACE. 


JONATHAN  SEW  ALL  was  descended  from  Mitchills  and 
and  Hulls  and  Sewalls,  and  I  believe  Higginsons,  i.  e.  from  sever- 
al of  the  ancient  and  venerable  of  New  England  families.  But, 
as  I  am  no  genealogist,  1  must  refer  to  my  aged  classmate  and 
highly  esteemed  friend  Judge  Sewall  of  York,  whose  researches 
will,  one  day  J  explain  the  whole. 

Mr.  Sewall's  father  was  unfortunate  ;  died  young,  leaving  his 
son  destitute  ;  but  as  the  child  had  discovered  a  pregnant  genius, 
he  was  educated  by  the  charitable  contribution  of  his  friends,  of 
whom  Dr.  Samuel  Cooper  was  one  of  the  most  active  and  suc- 
cessful, among  his  opulent  parishoncrs.  Mr.  Sewall  graduated 
at  college  in  1748  ;  kept  a  Latin  school  in  Salem,  till  1750,  when 
Chambers  Russell,  of  Lincoln,  a  Judge  of  the  Supreme  Court  and 
a  Judge  of  Admiralty,  from  a  principle  of  disinterested  benevo- 
lence, received  him  into  his  family  ;  instructed  him  in  law  ;  fur- 
nished him  with  books  and  introduced  him  to  the  practise  at  the 
bar.  In  1757  and  1758,  he  attended  the  Supreme  Court  in  Wor- 
cester, and  spent  his  evenings  with  me  in  the  office  of  Colonel 
James  Putnam,  a  gentleman  of  great  acuteness  of  mind,  and  very 
extensive  and  successful  in  practise,  and  an  able  lawyer ;  in  whose 
family  I  boarded  and  under  whose  auspices  I  studied  law.  Here 
commenced  between  Mr.  Sewall  and  me,  a  personal  friendship, 
which  continued,  with  none  but  political  interruptions,  till  his 
death.  He  commenced  practice  in  Charleatown,  in  the  County 
of  Middlesex,  I,  in  that  parish  of  the  ancient  town  of  Braintree, 
now  called  Q,uincy,  then  in  the  County  of  Suffolk,  now  of  Nor- 
folk. We  attended  the  Courts  in  Boston,  Cambridge,  Charlestown, 
and  Concord  ;  lived  together,  frequently  slept  in  the  same  cham- 
ber, and  not  seldom,  in  the  same  bed.  Mr.  Sewall  was  then  a 
patriot ;  his  sentiments  were  purely  American.  To  James  Otis, 
w')-  took  a  kind  notice  of  us  both,  we  constantly  applied  for  ad- 
vice in  any  difficulty,  and  he  would  attend  to  us,  advise  us, 
and  look  into  books  for  us,  and  point  out  authorities  to  us,  as  kindly 
as  if  we  had  been  his  pupils  or  his  sons. 

After  the  surrender  of  Montreal  in  1759,  rumours  were  every 
where  8j(read  that  the  English  would  now  new  model  the  Colo- 


■vr 


IV 


PREFACE. 


nies,  deniolibh  the  charters  and  reduce  all  to  royal  govemmente. 
These  rumours  1  hnd  heard  as  often  as  he  had.  One  morning  I 
met  him,  accidentally,  on  the  door  of  the  old  Town  House.  "  John" 
said  lie,  "  I  want  to  speak  with  you ;"  he  always  called  me  John, 
and  1  him  Jonathan,  and  often  said  to  him,  I  wish  my  name  were 
David.  Jle  took  me  to  a  window  seat  and  said  ;  "  these  English* 
men  are  going  to  play  the  devil  with  us.  They  will  overturn 
every  thing.  We  must  resist  them  and  that  by  force.  I  wish 
you  would  write  in  the  Newspapers,  and  urge  a  general  atten- 
tion t&  the  Militia,  to  their  exercises  and  discipline,  for  we  must 
resist  in  arms."  I  answered,  "  All  this  I  fear  is  true  ;  hut  why 
do  you  not  write  yourself?  You  are  older  than  I  am ;  have 
more  experience  than  I  have,  are  more  intimate  with  the  gran- 
dees than  1  am,  and  you  can  write  ten  times  better  than  I  can." 
There  had  been  a  correspondence  between  us,  by  which  I  knew 
his  refined  style  as  well  as  he  knew  my  coarse  one.  "  Why," 
said  Mr.  Sewall,  "  I  would  write,  but  Goffe  will  find  me  out  and  1 
shall  grieve  his  righteous  soul,  and  you  know  what  influence  he 
has*  in  Middlesex."  This  Goffe  had  been  Attorney  General  for 
twenty  years,  and  commanded  the  practise  in  Middlesex  and  Wor- 
cester and  several  other  Counties.  He  had  power  to  crush,  by 
his  frown  or  his  nod  any  young  Lawyer  in  his  County.  He  was 
afterwards  Judge  Trowbridge,  but  at  that  time  as  ardent  as  any  of 
Hutchinson*s  disciples,  though  he  afterwards  became  alienated 
from  his  pursuits  and  principles.  '  /    '  '       •■  ^    «'. 

In  December  1760,  or  January  1761,   Stephen  Sewall,  Chief 
Justice  died,  deeply  lamented,  though  insolvent.    My  friend  Jom- 
TiuN,  his  nephew,  the  son  of  his  brother,  who  tenderly  loved  and 
deeply  revered  his  uncle,  could  not  t^ear  the  thought,  that  the 
memory  of  the  Chief  Justice  should -lie  under  the  imputation  of 
bankruptcy.     At  that  time  bankruptcy  was  inif^mous ;  now  it  is 
scarcely  disgraceful.     Jonathan  undertook  the  administration  of 
his  uncle's  estate.     Finding  insolvency  inevitable,  he  drew  a  peti- 
tion to  the  General  Court  to  grant  a  sum  of  money,  sufficient,  tp 
pay  the  Chief  Justice's  debts.     If  my  friend  had  known  the  char« 
actor  of  his  countrymen,  or  the  natxire  of  that  Assembly,  he  never 
would  have  conceived  such  a  project ;  but  he  did  conceive  it  and 
applied  to  James  Otis,  and  his  father,   Colonel  Otis,  to  patronize 
and  support  it.     The  Otis's  knew  their  countrymen  better  than  he 
did.     They  received  and  presented  the  petition,  but  without  much 


t^' 


PREFACE. 


if 


hope  of  saccesi.  The  petition  was  rejected,  and  my  friend  Scwall 
conceived  a  suspicion,  that  it  was  not  promoted  with  so  much 
zeal,  by  the  Otis's,  as  he  thought  they  might  have  exerted.  He 
imputed  the  failure  to  their  coldness ;  was  much  mortified  and 
conceived  a  violent  resentment,  which  he  expressed  with  too 
much  freedom  and  feeling  in  all  companies. 

Qoffe,  Hutchinson  and  all  the  courtiers  soon  heard  of  it  and 
instantly  fastened  their  eyes  upon  Sewall  ;  courted  his  society  ; 
sounded  his  fame  ;  promoted  his  practise,  and  soon  after  made  him 
Solicitor  General  by  creating  a  new  office,  expressly  for  him.  Mr. 
Sewall,  had  a  soft,  smooth,  insinuating  eloquence,  which  gliding 
imperceptibly  into  the  minds  of  a  Jury,  gave  him  as  much  power 
over  that  tribunal  as  any  lawyer  ought  ever  to  possess.  He  was 
also  capable  of  discussing  before  the  court,  any  intricate  question 
of  law,  which  gave  him,  at  least,  as  much  influence  there  as  was 
consistent  with  an  impartial  administration  of  justice.  He  was  a 
gentleman  and  a  scholar ;  had  a  fund  of  wit,  humour  and  satire, 
which  he  used  with  great  discretion  at  the  bar,  but  poured  out 
with  unbounded  profusion  in  the  newspapers.  Witness  his  volu- 
minous productions  in  the  newspapars,  signed  long  J,  and  Philan- 
thropos.  These  accomplishments  richly  qualified  him  to  serve 
the  purposes  of  the  gentlemen,  who  courted  him  into  their  service. 

Mr.  Sewall  soon  fell  in  love  with  Miss  Esther  Quincy,  the 
fourth  daughter  of  Edmund  Quincy,  Esq.  an  eminent  merchant 
and  magistrate,  and  a  grand  daughter  of  that  Edmund  Q,uincy, 
who  was  eighteen  years  a  Judge  of  the  Superior  Court,  who  died 
of  the  small  pox  in  the  agency  uf  the  province  at  the  Court  of 
St.  Jameses,  and  whose  monument  was  erected,  at  the  expense  of 
the  Province,  in  Bun-hill-fields,  London.  This  young  lady,  who 
was  celebrated  for  her  beauty,  her  vivacity  and  spirit,  lived  with 
her  father  in  this  parish,  now  called  Quincy.  Mr.  Sewall's 
courtship  was  extended  for  several  years,  and  he  came  up  very 
constantly  on  Saturdays  and  remained  here  until  Mondays  ;  and 
I  was  sure  to  be  invited  to  meet  him  on  every  Sunday  evening, 
During  all  these  years,  there  was  a  constant  correspondence  be- 
tween us,  and  he  concealed  nothing  from  me,  so  that  I  knew  him 
by  his  style  whenever  he  appeared  in  print. 

In  1766,  he  married  the  object  of  his  affections,  and  an  excel- 
lent wife  he  found  her.  He  was  soon  appointed  Attorney  Gen- 
eral,    hi  1768,  he  was  employed  by  Governor  Barnard  to  offer 


m 


PREFACE. 


'  hi 
.1 


me  the  office   of  Advocate  General,  in  the  C'oiirt  of  Admiralty, 
which  I  decidedly  and  peremptorily  though  respectfully  refused. 

We  continued  our  friendship  and  confidential  intercourse, 
though  professedly  in  boxes  of  politics,  as  opposite  as  East  and 
Wf^st,  until  the  year  1 774,  when  we  both  attended  the  Superior 
Court  in  Falmouth,  Casco-bay,  now  Portland.  I  had  then  been 
chosen  a  delegate  to  Congress.  Mr.  Skwall  invited  me  to  take 
a  Wijik  with  him,  very  early  in  the  morning,  on  the  great  hill. 
In  the  course  of  our  rambles  he  very  soon  begun  to  remonstrate 
against  my  going  to  Congress.  He  said  "  that  Great  Britam  was 
determined  on  her  system  ;  her  power  was  irresistible  and  would 
certainly  be  destructive  to  me,  and  to  all  those  who  should  per- 
severe in  opposition  to  her  designs."  I  answered,  "  that  I  knew 
(ireat  Bruain  was  determined  on  her  system,  and  that  very  de. 
termination,  determined  me  on  mine  ;  that  he  knew  I  had  been 
constant  and  uniform  in  opposition  to  all  her  measures  ;  that  the 
die  was  now  cast ;  1  had  passed  the  Rubicon  ;  swim  or  sink,  live 
or  die,  survive  or  perish  with  my  country,  was  my  unalterable 
determination.  The  conversation  was  protracted  into  length,  but 
this  was  the  substance  of  the  whole.  It  terminated  in  my  saying 
to  hiiT);  "  I  see  we  must  part,  and  with  a  bleeding  heart  I  say,  I 
fear  forever  ;  but  you  may  depend  upon  it,  this  adieu  is  the 
sharpest  thorn  on  which  I  ever  sat  my  foot."  I  never  conversed 
with  him  again  'till  the  year  1788.  Mr.  Sewall  retired  in  1775 
to  England,  where  he  remained  and  resided  in  Bristol. 

On  my  return  from  Congress  in  the  month  of  November  1774, 
I  found  the  Massachusetts  Gazette  teeming  with  political  specu- 
lations, and  Massachusettensis  shining  like  the  moon  among  the 
lesser  stars.  I  instantly  knew  him  to  be  my  friend  Sewall,  and 
was  told  he  excited  great  exultation  among  the  tories  and  many 
gloomy  apprehensions  among  the  whigs.  I  instantly  resolved  to 
«'htcr  the  lists  with  him,  and  this  is  the  history  of  the  following 
volume. 

In  1788,  Mr.  Sewall  came  to  London  to  embark  for  Halifax. 
I  enquired  for  his  lodgings  and  instantly  drove  to  them,  laying 
aside  all  etiquette,  to  make  him  a  visit.  I  ordered  my  servant  to 
announce  John  Adams,  was  instantly  admitted,  and  both  of  us 
forgetting  that  we  had  ever  been  enemies,  embraced  each  other 
as  cordially  as  ever.  I  had  two  hours  conversation  with  him  in 
a  most  delightful  freedom  upon  a  multitude  of  subjects.     He  told 


i 


11—.. 


I'REKACE. 


fli 


me  he  had  lived  for  the  nnkn  of  his  two  children  ;  he  had  spared 
DO  pains  nor  expense  in  their  education,  and  he  was  f^oing  to 
Ilalirnx  in  hope  of  making  some  provision  for  them.  They  are 
now  two  of  the  most  respectable  gentlemen  in  Canada,  One  ol 
them  a  Chief  Justice  ;  the  other  an  Attorney  General.  Their 
father  lived  but  a  short  time  after  his  return  to  America  ;  evi- 
dently broken  down  by  his  anxieties  and  probably  dying  of  a  bro- 
ken heart.  He  always  lamented  the  conduct  of  Great  Britain 
towards  America.  No  man  more  constantly  congratulated  me, 
while  we  lived  together  in  America,  upon  any  news,  true  or 
false,  favorable  to  a  repeal  of  the  obnoxious  Statutes  and  a  redress 
of  our  grievances  ;  but  the  society  in  which  he  lived  had  convin- 
ced him  that  all  resistance  was  not  only  useless  but  ruinous. 

More  conscious  than  ever  of  the  faults  in  the  style  and  arrange- 
ment, if  not  in  the  matter  of  my  part  of  the  following  papers,  I 
shall  see  them  in  print  with  more  anxiety  than  when  fhey  were 
first  published.  The  principles  however  are  those  on  which  I 
then  conscientiously  acted,  and  which  I  now  most  cordially 
approve. 

To  the  candour  of  an  indulgent  nation,  whom  I  congratulate  os 

their  present  prosperity  and  pleasing  prospects,  and  for  whose 

happiness  I  shall  o0er  up  my   dying  supplications  to  Heaven,  f 

commit  the  volume  with  all  its  imperfections. 

JOHN  ADAMS 
Qi4tru;y,  January  1,  1819. 


Vjl 


ax. 


V 


Li 


il! 


/•«v 


^■■>aL."  ■■  -T 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bay, 

January  23,  1775. 

MY  FRIENDS, 

A  WRITER,  under  the  signature  of  Massachusettensis,  has 
addressed  you,  in  a  series  of  papers,  on  the  great  national  subject 
of  the  present  quarrel  between  the  British  administration  and  the 
Colonies.  As  I  have  not  in  my  possession,  more  than  one  of  his 
Essays,  and  that  is  in  Ihe  Gazette  of  December  26,  I  will  take 
the  liberty,  in  the  spirit  of  candor,  and  decency,  to  bespeak  your 
attention,  upon  the  same  subject. 

There  may  be  occasion,  to  say  very  severe  things,  before  ; 
shall  have  finished  what  I  propose,  in  opposition  to  this  writer 
but  there  ought  to  be  no  reviling.  Rem  ipsam  die,  mitte  male 
loqui,  which  may  be  justly  translated,  speak  out  the  whole  truth 
boldly,  but  use  no  bad  language. 

It  is  not  very  material  to  enquire,  as  others  have  done,  who  is 
the  author  of  the  speculations  in  question.  If  he  is  a  disinterested 
writer,  and  has  nothing  to  gain  or  to  lose,  to  hope  or  to  fear,  for 
himself  more  than  other  individuals  of  your  community  ;  but  en- 
gages in  this  controversy  from  the  purest  principles,  the  noblest 
motives  of  benevolence  to  men,  and  of  love  to  his  country,  he 
ought  to  have  no  influence  with  you,  further  than  truth  and  jus- 
tice will  support  his  argument.  On  the  other  hand,  if  he  hopes 
to  acquire  or  preserve  a  lucrative  employment,  to  screen  him- 
self from  the  just  detestation  of  his  countrymen,  or  whatever 
other  sinister  inducement  he  may  have,  as  far  as  the  truth  of 
facts  and  the  weight  of  argument,  are  in  his  favor,  he  ought  to  be 
duly  regarded. 

He  tells  you  "  that  the  temporal  salvation  of  this  province  de- 
pends upon  an  entire  and  speedy  change  of  measures,  which  must 
depend  upon  a  change  of  sentiments  respecting  our  own  conduct 
and  the  justice  of  the  British  nation." 

The  task,  of  efl'ecting  these  great  changes,  this  courageous 
writer,  has  undertaken  in  a  course  of  publications  in  a  newspaper. 
^il  desperandum  is  a  good  motto,  «iul  jVil  admirari,  is  another. 
He  is  welcome  to  the  first,  and  I  hope  will  be  willing  that  I 
should  assume  the  last.  The  public,  if  they  are  not  mistaken  in 
their  conjecture,  have  been  so  long  acquainted  with  this  gentle- 
man, and  have  seen  him  so  often  disappointed,  that  if  they  were 


'    li 


i 


10 


not  iiabitunte<1  to  strange  things,  they  would  wonder  at  his  hopes, 
at  this  time  to  accomplish,  the  most  unpromising  project  of  his 
whole  life.  In  the  character  of  Philanthrop,  he  attempted  tc 
reconcile  you  to  Mr.  Bernard.  But  the  only  fruit  of  his  labor 
was,  to  expose  his  client  to  more  general  examination,  and  con- 
sequently to  more  general  resentment  and  aversion.  In  the 
character  of  Philalethes,  he  essayed  to  prove  Mr,  Hutchinson  a 
patriot,  and  his  letters  not  only  innocent,  but  meritorious.  But 
the  more  you  read  and  considered,  the  more  you  were  convinced 
of  the  ambition  and  avarice,  the  simulation  and  dissimulation,  the 
hypocricy  and  perfidy  of  that  r'^stuying  angel. 

This  illfated  and  unsuccessful,  though  persevering  writer,  still 
hopes  to  change  your  sentiments  and  conduct — by  which  it  is 
supposed  tliat  he  means  to  convince  you  that  the  system  of  Colo- 
ny administration,  which  has  been  pursued  for  these  ten  or  twelve 
years  past,  is  a  wise,  righteous  and  humane  plan  ;  that  sir  Francis 
Bernard  aiid  Mr.  Mutchinson,  with  their  connections,  who  have 
been  the  principal  instruments  of  it,  are  your  best  friends ; — and 
that  those  gentle  in  this  province,  and  in  all  the  other  Colonies, 
who  have  been  in  opposition  to  it,  are  from  ignorance,  error,  or 
from  worse  and  baser  causes,  your  worst  enemies. 

This  is  certainly  an  inquiry  that  is  worthy  of  you  ;  and  I  pro- 
mise to  accompany  this  writer,  in  his  ingenious  labours  to  assist 
you  in  it.  And  I  earnestly  intreat  you,  as  the  result  of  all  shall 
be,  to  change  your  sentiments  or  persevere  in  them,  as  the  evi- 
dence shall  appear  to  you,  upon  the  most  dispassionate  and  im* 
partial  consideration,  without  regard  to  his  opinion  or  mine. 

He  promises  to  avoid  personal  reflections,  but  to  penetrate  the 
arcana,  and  expose  the  wretched  policy  of  the  whigs.  The 
cause  of  the  whigs  is  not  conducted  by  intrigues  at  a  distant  court, 
but  by  constant  appeals  to  a  sensible  and  virtuous  people  ;  it  de- 
pends intirely  on  their  good  will,  and  cannot  be  pursued  a  single 
step  without  their  concurrence,  to  obtain  which  of  a'-i  designs, 
measures,  and  means,  are  constantly  published  to  the  collective 
body.  The  whigs  therefore  can  have  no  arcana  ;  but  if  they 
had,  I  dare  say  they  were  never  so  left,  as  to  communicate  them 
to  tins  writer;  you  will  therefore  be  disappointed  if  you  expect 
from  him  any  thing  which  is  true,  but  what  has  been  as  public 
as  records  and  newspapers  could  make  it. 

1,  on  my  part,  may  perhaps  in  a  course  of  papers,  penetrate 
arcana  too.  Shew  the  wicked  policy  of  the  tories — trace  their 
plan  from  its  first  rude  sketches  to  i<s  present  complete  draught 
Shew  that  it  has  been  much  longer  in  contemplation,  than  is  gen- 
erally known,' — who  were  the  first  in  it — ^"^eir  views,  motives 
and  secret  springs  of  action — and  the  means  they  have  employed. 
This  will  necessarily  bring  before  your  eyes  many  characters,  liv- 
ing and  dead.  From  such  a  research  and  detail  cf  facts,  it  will 
clearly  appear,  who  were  the  aggressors — and  who  have  acted 
"n  the  dcleiisive  from  first  to  last — who  are  still  struggling,  at 


$ 


tl 

a| 


el 


ii 


the  expense  of  their  ease,  health,  peace,  wealth  and  preferment, 
against  the  encroachments  of  the  tories  on  their  country — and 
who  are  determined  to  continue  struggling,  at  much  greater  haz- 
ards still,  and  like  the  Prince  of  Orange,  resolve  never  to  see  its 
entire  subjection  to  arbitrary  power,  but  rather  to  die  fighting 
against  it,  in.  the  last  ditch. 

It  is  true,  as  this  writer  observes,  ''  that  the  bulk  of  the  people 
are  generally,  but  little  versed  in  the  affairs  of  State  ;  that  they 
left  the  affairs  of  government  where  accident  has  placed  them." 
If  this  had  not  been  true,  the  designs  of  the  tories  had  been  many 
years  ago,  entirely  defeated.  It  was  clearly  seen,  by  a  few^ 
more  than  ten  years  since,  that  they  were  planning  and  pursuing 
the  very  measures,  we  now  see  executing.  The  people  were 
informed  of  it,  and  warned  of  their  danger :  But  they  had  been 
accustomed  to  confide  in  certain  persons,  and  could  never  be  per- 
suaded to  believe,  until  prophecy,  became  history.  Now  they 
see  and  feel,  that  the  horrible  calamities  are  come  upon  them, 
which  were  foretold  so  many  years  ago.  and  they  now  sufficiently 
execrate  the  men  who  have  brought  these  things  upon  them. 
Now  alas  !  when  perhaps  it  is  too  late.  If  they  had  withdrawn 
their  confidence  from  them  in  season,  they  would  have  wholly 
disarmed  them. 

The  same  game,  with  the  same  success,  has  been  played^in  all 
ages  and  countries  as  Massachusettensis  observes.  When  a  fa- 
vou)  Me  conjuncture  has  presented,  some  of  the  most  intrigueing 
and  ].  'verful  citizens  have  conceived  the  design  of  enslaving  their 
country,  and  building  their  own  greatness  on  its  ruins.  Philip 
and  Alexander,  are  examples  of  this  in  Greece — Caesar  in  Rome — 
Charles  the  fifth  in  Spain — Lewis  the  eleventh  in  France — and 
ten  thousand  others. 

"  There  is  a  latent  spark  in  the  breasts  of  the  people  capable 
of  being  kindled  into  a  flame,  and  to  do  this  has  always  been  the 
employment  of  the  disaffected."  What  is  this  latent  spark  ? 
The  love  of  Liberty  ?  a  Deo  hominis  est  indita  naturce.  Human 
nature  itself  is  evermore  an  advocate  for  liberty.  There  is  also 
in  human  nature,  a  resentment  of  injury,  and  indignation  against 
wrong.     A  love  of  trulh  and  a  veneration  for  virtue. 

These  amiable  passions,  are  the  "  latent  spark"  to  which  those 
whom  this  writer  calls  the  "  disaffected"  apply.  If  the  people 
are  capable  of  understanding,  seeing  and  feeling  the  difference 
between  true  and  false,  right  and  wrong,  virtue  and  vice,  to  what 
better  principle  can  the  friends  of  mankind  apply,  than  to  the 
sense  of  this  difference. 

Is  it  better  to  apply  as  this  writer  and  his  friends  do,  to  the 
basest  passions  in  the  human  breast  to  their  fear,  their  vanity, 
their  avarice,  ambition,  and  every  kind  of  corruption  ?  I  appeal 
to  all  experience,  and  to  universal  history,  if  it  has  ever  been  in 
the  power  of  popular  leaders,  uninvested  with  other  authority 
than  what  is  conferred  by  the  popular  suffrage,  to   persuade  a 


■M 


>>.. 


K 


!.|. 


ii'ii 

IS 

'ill' 


12 


large  people,  for  any  length  of  time  together,  to  think  themselves 
wronged,  injured,  and  oppressed,  unless  they  really  were,  and  saw 
and  felt  it  to  be  so. 

"  They,"  the  popular  leaders,  "  begin  by  remindiing  the  peo- 
ple of  the  elevated  rank  they  hold  in  the  universe  as  men ;  that 
all  men  by  nature  are  equal ;  that  kings  are  but  the  ministers  of 
the  people  ;  that  their  authority  is  delegated  to  them  by  the  peo- 
ple, for  their  good,  and  they  have  a  right  to  resume  it,  and  place 
it  in  other  hands,  or  keep  it  themselves,  whenever  it  is  made  use 
of  to  oppress  them.  Doubtless  there  have  been  instances,  when 
these  principles  have  been  inculcated  to  obtain  a  redress  of  real 
grievances,  but  they  have  been  much  oftener  perverted  to  the 
worst  of  purposes." 

These  are  what  are  called  revolution  principles.  They  are 
the  principles  of  Aristotle  and  Plato,  of  Livy  and  Cicero,  and  Syd- 
ney, Harrington  and  Locke.  The  principles  of  nature  and  eter- 
nal reason.  The  principles  on  which  the  whole  government 
over  us 
thins: 


can 


now    stands.       It    is    therefore    astonishing,    if  any 
can  be  so,  that  writers,  who  call  themselves  friends 


of  government,  should  in  this  age  and  country,  be  so  inconsistent 
with  themselves,  so  indiscreet,  so  immodest,  as  to  insinuate  a 
doubt  concerning  them. 

Yet  we  find  that  these  principles  stand  in  the  way  of  Massachu- 
settensis,  and  all  the  writers  of  his  class.  The  veteran,  in  his 
letter  to  the  officers  of  the  arm}',  allows  them  to  be  noble,  and 
true,  but  says  the  application  of  them  to  particular  cases  is  wild 
and  Utopian.  How  they  can  be  in  general  true,  and  not  applica- 
ble to  particular  cases,  I  cannot  comprehend.  I  thought  their 
being  true  in  general,  was  because  they  were  applicable  in  most 
particular  cases. 

Gravity  is  a  principle  in  nature.  Why  ?  because  all  particular 
bodies  are  found  to  gravitate.  How  would  it  sound  to  say,  that 
bodies  in  general  are  heavy;  yet  to  apply  this  to  particular 
bodies  and  say,  that  a  guinea,  or  a  ball  is  heavy,  is  wild,  &c. — 
"  Adopted  in  private  life,"  says  the  honest  amiable  veteran,  "  they 
would  introduce  perpetual  discord."  This  1  deny,  and  I  think  it 
plain,  that  there  never  was  an  happy  private  family  where  they 
weie  not  adopted.  "  In  the  State  perpetual  discord."  This  I 
deny,  an  affirm  that  order,  concord  and  stability  in  this  State,  nev- 
er was  or  can  be  preserved  without  them.  "  The  least  failure  in 
the  reciprocal  duties  of  worship  and  obedience  in  the  matrimonial 
contract  would  justify  a  divorce."  This  is  no  consequence  from 
those  principles, — a  total  departure  from  the  ends  and  designs  of 
the  contract  it  is  true,  as  elopement  and  adultery,  would  by  these 
principles  justify  a  divorce,  but  not  the  least  failure,  or  many 
smaller  failures  in  the  reciprocal  duties,  &,c.  "  In  the  political 
compact,  the  smallest  defect  in  the  Prince  a  revolution" — By 
no  means.  But  a  manifest  design  in  the  Prince,  to  annul  the  con- 
tract on  his  part,  will  annul  it  on  the  part  of  the  people.     A  set- 


last 


13 


tied  plan  to  deprive  the  people  of  all  the  benefits,  blessings  and 
ends  of  the  contract,  to  subvert  the  fundamentals  of  the  constitu- 
tion, to  deprive  them  of  all  share  in  making  and  executing  laws, 
Avill  justify  a  revolution. 

The  author  of  a  "  Friendly  Address  to  all  reasonable  Ameri- 
cans," discovers  his  rancour  against  these  principles,  in  a  more 
explicit  manner,  and  makes  no  scruples  to  advance  the  principles 
of  llobbs  and  Filmer,  boldly,  and  to  pronounce  damnation,  ore  ro- 
tundo,  on  all  who  do  not  practice  implicit  passive  obedience,  to  an 
established  government,  of  whatever  character  it  may  be.  It  is 
not  reviling,  it  is  not  bad  language,  it  is  strictly  decent  to  say, 
that  this  angry  bigot,  this  ignorant  dogmatist,  this  foul  mouthed 
scold,  deserves  no  other  answer  than  silent  contempt.  Massa- 
chusettensis  and  the  veteran,  I  admire,  the  lirst  for  his  art,  the 
last  for  his  honesty, 

Massachusettensis,  is  more  discreet  than  either  of  the  others  ; 
sensible  that  these  principles  would  be  very  troublesome  to  him, 
yet  conscious  of  their  truth,  he  has  neither  admitted  nor  denied 
them.  But  we  have  a  right  to  his  opinion  of  them,  before  we 
dispute  with  him.  He  finds  fault  with  the  application  of  them. 
They  have  been  invariably  applied  in  support  of  the  revolution 
and  the  present  establishment — against  the  Stuart's,  the  Charles' 
and  the  James', — in  support  of  the  reformation  and  the  Protestant 
religion,  against  the  worst  tyranny,  that  the  genius  of  toryism,  has 
ever  yet  invented,  I  mean  the  Roman  superstition.  Does  this 
writer  rank  the  revolution  and  present  establishment,  the  reforma- 
tion and  Protestant  religion  among  his  worst  of  purposes  ?  What 
"  vvorse  purpose"  is  there  than  established  tyranny  ?  Were 
these  principles  ever  inculcated  in  favor  of  such  tyranny  ?  Have 
they  not  always  been  used  against  such  tyrannies,  when  the  peo- 
ple have  had  knowledge  enough  to  be  apprized  of  them,  and 
courage  to  assert  them  ?  Do  not  those  who  aim  at  depriving  the 
people  of  their  liberties,  always  inculcate  opposite  principles,  or 
discredit  these. 

"  A  small  mistake  in  point  of  policy,"  says  he,  "  often  furnishes 
a  pretence  to  libel  government  and  persuade  the  people  that  their 
rulers  are  tyrants,  and  the  whole  government,  a  system  of  oppres- 
sion." This  is  not  only  untrue,  but  inconsistent  with  what  he  said 
before.  The  people  are  in  their  nature  so  gentle,  that  there  nev- 
er was  a  government  yet,  in  which  thousands  of  mistakes  were 
not  overlooked.  The  most  sensible  and  jealous  people  are  so  lit- 
tle attentive  to  government,  that  there  are  no  instances  of  resist- 
ance, until  repeated,  multiplied  oppressions  have  placed  it  be3'ond 
a  doubt,  that  their  rulers  had  formed  settled  plans  to  deprive  tliem 
of  their  liberties  ;  not  to  oppress  an  individual  or  a  few,  but  to 
break  down  the  fences  of  a  free  constitution,  and  deprive  the  peo- 
ple at  large  of  all  share  in  the  government  and  all  the  checks  by 
which  it  is  limited.  Even  Machiavel  himself  allows,  that  not  in- 
gratitude to  their  rulers,  but  much  love  is  the  constant  fault  of  the. 
people. 


1^ 


li 


li 


it 


|,|.: 


u 


This  writer  is  equally  mistaken,  when  he  says,  the  people  arc 
sure  to  be  loosers  in  the  end.  They  can  hardly  be  loosers,  if  un- 
succossful  ;  because  if  they  live,  they  can  but  be  slaves,  after  an 
unfortunate  effort,  and  slaves  they  would  have  been,  if  they  had 
not  resisted.  So  that  nothing  is  lost.  If  they  die,  they  cannot  be 
said  to  lose,  for  death  is  better  than  slavery.  If  they  succeed^ 
their  gains  are  immense.  They  preserve  their  liberties.  The 
instances  in  antiquity,  which  this  writer  alludes  to,  are  not  men- 
tioned, and  therefore  cannot  be  answered,  but  that  in  the  country 
from  whence  we  are  derived,  is  the  most  unfortunate  for  his  pur- 
pose, that  could  have  been  chosen.  The  resistance  to  Charles 
the  First  and  the  case  of  Cromwell,  no  doubt  he  means.  But  the 
people  of  England,  and  the  cause  of  liberty,  truth,  virtue  and  hu- 
manity, gained  infinite  advantages  by  that  resistance.  In  all  hu- 
man probability,  liberty  civil  and  religious,  not  only  in  England 
but  in  all  Europe,  would  have  been  lost.  Charles  would  undoubt- 
edly have  established  the  Romish  religion  and  a  despotism  as  wild 
as  any  in  the  world.  And  as  England  has  been  a  principal  bul- 
wark from  that  period  to  this,  of  civil  liberty  and  the  Protestant 
religion  in  ail  Europe,  if  Charles'  schemes  had  succeeded,  there 
is  great  reason  to  apprehend  that  the  right  of  science  would  have 
been  extinguished,  and  mankind,  drawn  back  to  a  state  of  dark- 
ness and  misery,  like  that  which  prevailed  from  the  fourth  to  the 
fourteenth  century.  It  is  true  and  to  be  lamented  that  Cromwell 
dii  not  establish  a  government  as  free,  as  he  might  and  ought ; 
but  his  government  was  infinately  more  glorious  and  happy  to  the 
people  than  Charles'.  Did  not  the  people  gain  by  the  resistance 
to  James  the  second  ?  Did  not  the  Romans  gain  by  the  resistance 
to  Tarquin  ?  Throughout  that  resistance  and  the  liberty  that 
was  restored  by  it,  would  the  great  Roman  orators,  poets  and  his- 
torians, the  great  teachers  of  humanity  and  politeness,  the  pride 
of  human  nature,  and  the  delight  and  glory  of  mankind,  for  sev- 
enteen hundred  years,  ever  have  existed  ?  Did  not  the  Romans 
gain  b}-^  resistance  to  the  Decemvirs  ?  Did  not  the  English  gain 
hy  resistance  to  John,  when  Magna  Charta  was  obtained  ?  Did 
not  the  seven  united  provinces  gain  by  resistance  to  Philip,  Alva, 
andGranvcil?  Did  not  the  Swiss  Cantons,  the  Genevans  and 
Grissons,  gain  bv  resistance  to  Albert  and  Grisler  ? 

NOVANGLUS. 


uv 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Batj. 

January  30,   1775. 

MY  FRIENDS, 

I  HAVE  heretofore  intimated  my  intention,  of  pui'suing:  tiie 
tories,  through  all  their  dark  intrigues,  and  wicked  machinations ; 
and  to  shew  the  rise,  and  progress  of  their  schemes  for  enslaving 
this  country.  The  honor  of  inventing  and  contriving  these  meas- 
ures, is  not  their  due.  They,  have  been  but  servile  copiers  ol" 
the  designs  of  Andross,  Randolph,  Dudley,  and  other  champion^ 
of  their  cause  toward*  the  close  of  the  last  century.  These  lat- 
ter worthies  accomplished  but  little  ;  and  their  plans  had  beeu 
buried  with  them,  for  a  long  course  of  years,  until  in  the  admin> 
istration  of  the  late  Governor  Shirley,  they  were  revived,  by  the 
persons  who  are  now  principally  concerned  in  carrying  them  into 
execution.  Shirley,  was  a  crafty,  busy,  ambitious,  intrigueing,  en- 
terprising man  ;  and  having  mounted,  no  matter  by  what  mean? 
to  the  chair  of  this  province,  he  saw,  in  a  young  growing  country, 
vast  prospects  of  ambition  opening  before  his  eyes,  and  he  con- 
ceived great  designs  of  aggrandizing  himself,  his  family  and  his 
friends.  Mr.  Hutchinson  and  Mr.  Oliver,  the  two  famous  letter 
writers,  were  his  principal  ministers  of  State.  Russell,  Paxton 
Ruggles,  and  a  few  others,  were  subordinate  instruments.  Among 
other  schemes  of  this  Junto,  one  was  to  have  a  Revenue  in  Amer- 
ica by  authority  of  Parliament. 

In  order  to  effect  their  purpose  it  was  necessary  to  concert 
measures  with  the  other  Colonies.  Dr.  Franklin,  who  u  as  known 
to  be  an  active,  and  very  able  man,  and  to  have  great  intluence 
in  the  province  of  Pennsylvania,  was  in  Boston,  in  the  year  1754 
and  Mr.  Shirley  communicated  to  him  the  profound  secret,  the 
giO?t  design  of  taxing  the  Colonies  by  act  of  Parliament.  'I'his  sa- 
gacious gentleman,  this  eminent  philosopher,and  distinguished  pat- 
riot, to  his  lasting  honor,  sent  the  Governor  an  answer  in  writiii"- 
with  the  following  remarks  upon  his  scheme.  Remarks  which 
would  have  discouraged  any  honest  man  from  the  pursuit.  1  he 
remarks  are  these  : — 

"  That  the  people  always  bear  the  burden  best,  when  they 
have,  or  think  they  have,  some  sJiare  in  the  direction. 

'*  That  when  public  measures  are*  generally  distasteful  to  th? 
people,  the  wheels  of  government  must  move  more  heavily. 


',1, 


"I 

■'X 


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I 


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I  i 


16 


"  That  excluding  the  people  of  America  from  all  share  in  the 
choice  of  a  grand  council  for  their  own  defence,  and  taxing  them  in 
Parliament,  wh'^rc  they  have  no  representative,  would  probably 
give  extreme  dissatisfaction. 

"  That  there  was  no  reason  to  doubt  the  willingness  of  the 
Colonists  to  contribute  for  their  own  defence.  That  the  people 
themselves,  whose  all  was  at  stake,  could  better  judge  of  the  force 
necessary  for  their  defence,  and  of  the  means  for  raising  money 
for  the  jjurposc,  than  a  British  Parliament  at  so  great  distance. 

"  That  natives  of  America,  would  be  as  likely  to  consult  wisely 
and  faithfully  for  the  safely  of  their  native  country,  as  the  Gover- 
nors sent  from  Britain,  whose  object  is  generally  to  make  fortunes, 
and  then  return  home,  and  who  might  therefore  be  expected  to 
carry  on  the  war  against  France,  rather  in  a  way,  by  which  them- 
selves were  likely  to  be  gainers,  than  for  the  greatest  advantage 
t)f  the  cause. 

"  That  compelling  the  Colonies  to  pay  money  for  their  own 
defence,  without  their  consent,  would  shew  a  suspicion  of  their 
loyalty,  or  of  their  regard  for  their  country,  or  of  their  common 
4ense,  and  would  be  treating  them  as  conquered  enemies,  and  not 
as  free  Britains,  who  hold  it  for  their  undoubted  right  not  to  be 
taxed  by  their  own  consent,  given  through  their  representatives. 

*'  That  parliamentary  taxes,  once  laid  on,  are  often  continued, 
after  the  necessity  for  laying  them  on,  ceases  ;  but  that  if  the 
Colonists  were  trusted  to  tax  themselves,  they  would  remove  the 
burden  from  the  people,  as  soon  as  it  should  become  unnecessary 
for  them  to  bear  it  any  longer. 

"  That  if  Parliament  is  to  tax  the  Colonies,  their  assemblies  of 
representatives  may  be  dismissed  as  useless. 

"  That  taxing  the  Colonies  in  Parliament  for  their  own  defence 
against  the  French,  is  not  more  just,  than  it  would  be  to  oblige  the 
oinque  ports,  and  other  inrl^  of  Britain,  to  maintain  a  force  against 
France,  and  to  tax  them  for  this  purpose,  without  allowing  them 
veprcsentatives  in  Parliament. 

"  That  the  Colonists  have  always  been  indirectly  taxed  by  the 
mother  country  (besides  paying  the  taxes  necessarily  laid  on  by 
their  own  assemblies)  inasmuch  as  they  are  obliged  to  purchase 
the  manufactures  ot  Britain,  charged  with  innumerable  heavy 
taxes ;  some  of  which  manufactures  they  could  make,  and  others 
could  purchase  cheaper  at  other  markets. 

"  That  the  Colonists  are  besides  taxed  by  the  mother  country, 
by  being  obliged  to  carry  great  part  of  their  produce  to  Britain, 
and  accept  a  lower  price,  than  they  might  have  at  other  markets. 
The  difference  is  a  tax  paid  to  Britain. 

"  That  the  whole  wealth  of  the  Colonists  centres  at  last  in  the 
mother  country,  which  enables  her  to  pay  her  taxes. 

"  That  the  Colonies  have,  at  the  hazard  of  their  lives  and  for- 
tunes, extended  the  dominions,  and  increased  the  commerce  and 
riches  of  the  mother  country,  that  therefore  the  Colonists  do  not 


It 


(Jeserve  to  be  deprived  of  the  native  right  of  Britons,  the  right  of 
being  taxed  only  by  representatives  chosen  by  themselves. 

"  That  an  adequate  representation  in  parliament  would  proba- 
bly be  acceptable  to  the  Colonists,  and  would  best  raise  the  viewn 
and  interests  of  the  whole  empire." 

The  last  of  these  propositions  seems  not  to  have  been  well  con- 
sidered, because  an  adequate  representation  in  parliament,  is  to- 
tally impracticable ;  but  the  others  have  exhausted  the  subject. 
If  any  one  should  ask  what  authority  or  evidence  I  have  of  this 
anecdote,  I  refer  to  the  second  volume  of  the  Political  Disquisitions, 
page  270,  ?",  8,  9.  A  book  which  ought  to  be  in  the  hands  of  ev- 
ery American  who  has  learned  to  read. 

Whether  the  ministry  at  home  or  the  junto  here,  were  discour- 
aged by  these  master'  remarks,  or  by  any  other  cause,  the  pro- 
ject of  taxing  the  Colonies  was  laid  aside.  Mr.  Shirley  was  re- 
moved from  .his  government,  and  Mr.  Pownal  was  placed  in  his 
stead. 

Mr.  Pownal  seems  to  have  been  n  friend  to  liberty  and  to  our 
Constitution,  and  to  have  had  an  aversion  to  all  plots  against  ei- 
ther, and  consequently  to  have  given  his  confidence  to  other  per- 
sons than  Hutchinson  and  Oliver,  who,  stung  with  envy  against 
Mr.  Pratt  and  others,  who  had  the  lead  in  affairs,  set 
themselves,  by  propagating  slanders  against  the  Governor, 
among  the  people,  and  especially  among  the  clei^y,  to  raise  dis- 
contents, and  make  him  uneasy  in  his  seat.  Pownal  averse  to 
wrangling,  and  fond  of  the  delights  of  England,  solicited  to  be  re- 
called, and  after  some  time  Mr.  Bernard  was  removed  from  New 
Jersey  to  the  chair  of  this  Province. 

Bernard  was  the  man  for  the  purpose  of  the  junto  ;  educated  in 
the  highest  principles  of  monarchy,  naturally  daring  and  coura- 
geous,skiIled  enough  in  law  and  policy  to  do  mischief,and  avaricious 
to  a  most  infamous  degree  ;  needy  at  the  same  time,  and  having  a 
numerous  family  to  provide  for, — he  was  an  instrument,  suitable 
in  every  respect,  excepting  one,  for  this  junto,  to  employ.  The 
exception  1  mean,  was  blunt  frankness,  very  opposite  to  that  cau- 
tious cunning,  that  deep  dissimulation,  to  which  they  had  by  long 
practice  disciplined  themselves.  However,  they  did  not  despair  of 
toaching  him  this  cecessary  artful  quality  by  degrees,  and  the  event 
shewed  they  were  not  wholly  unsuccessful,  in  their  endeavors  to 
do  it. 

While  the  war  lasted,  these  simple  Provinces  were  of  too  much 
importance  in  the  conduct  of  it,  to  be  disgusted,  by  any  open  at- 
tempt against  their  liberties.  The  junto  therefore,  contented 
themselves  with  preparing  their  ground  by  extending  tlieir  con- 
nection and  correspondencies  in  England,  and  by  conciliating  the 
friendship  of  the  crown  officers  occasionally  here,  and  insinua- 
ting their  designs  as  necessary  to  be  undertaken  in  some  future 
favorable  opportunity,  for  the  good  of  the  empire,  as  well  as  of 
the  Colonic?, 


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Tliu  (lc!!iignH  ui  frOviileiice  ai:e  iuscruktblc.  It  affords  to  bad  meft 
conjuncturcH  favourablo  I'or  their  dusigiii),  as  well  m  to  gQ<^.  The 
conclusion  of  th«  ponce,  was  the  moat  critical  opportunity  for  our 
junto,  that  could  have  presented.  A  peace  founded  on  the  des- 
truction of  that  system  of  policy,  the  most  glorious  for  the  na- 
tion, that  ever  was  formed,  and  v/hich  was  never  equalled  in  the 
conduct  of  the  English  government,  except  in  the  enterregnum, 
and  perhaps  in  the  rcigii  of  Elizabeth  ;  which  system  however, 
by  its  being  abrubtly  broken  off  and  its  chief  conductor  discarded 
before  it  was  completed,  proved  unfortunate  to  the  nation  by  leav- 
ing it  sinking  in  a  bottomle.s.^  gulf  of  debt,  oppressed  and  borne 
down  with  taxes. 

At  this  lucky  time,  when  the  British  financier,  was  driven  out 
of  his  wits  for  ways  and  means,  to  supply  the  demands  upon  him, 
Bernard  is  employed  by  the  junto,  to  suggest  to  him  the  project 
of  taxing  the  Colonies  by  act  of  Parliament. 

1  do  not  advance  this  without  evidence.  I  appeal  to  a  pubUca- 
tion  made  by  Sir  Francis  Bernard  himself,  the  last  year  of  his  own 
select  lettera  on  the  trade  and  government  of  America,  and  the 
principles  of  law  and  polity  applied  to  the  American  Colonies.  I 
shall  make  much  use  of  this  pamphlet  before  I  have  done. 

In  the  year  1764,  Mr.  Bernard  transmitted  home  to  different 
noblemen,  and  gentlemen,  four  copies  of  his  principles  of  law  and 
polity,  with  a  preface,  which  proves  incontestibly,  that  the  pro- 
ject of  new  regulating  the  American  Colonies  were  not  first  sug- 
gested to  him  by  the  ministry,  but  by  him  to  them.  The  words 
of  this  preface  are  these  : — "  The  present  expectation,  that  a  new 
regulation  of  the  American  governments  will  soon  take  place, 
probably  arises  more  from  the  opinion  the  public  has  of  the  abil- 
ities of  the  present  ministry,  than  from  any  thing  that  has  trans- 
pired from  the  cabinet ;  it  cannot  be  supposed  that  their  penetra- 
tion can  overlook  the  necessity  of  such  a  regulation,  nor  their 
public  spirit  fail  to  carry  it  into  execution.  But  it  may  be  a  ques- 
tion, whether  the  present  is  a  proper  time  for  this  work ;  more 
urgent  business  may  stand  before  it,  some  preparatory  steps  may 
be  required  to  precede  it ;  but  these  will  only  serve  to  postpone. 
As  we  may  expect  that  this  reformation,  like  all  others,  will  be 
opposed  by  powerful  prejudices,  it  may  not  be  amiss  to  reason 
with  them  at  leisure,  and  endeavor  to  take  off  their  force  before 
they  become  opposed  to  government." 

These  are  the  words  of  that  arch  enemy  of  North  America, 
written  in  17()4,  and  then  transmitted  to  four  persons,  with  a  desire 
that  they  might  be  communicated  to  others. 

Upon  these  w(v^ds,  it  is  impossible  not  to  observe,  first,  That 
the  ministry  had  never  signified  to  him,  any  intention  of  new  reg- 
ulating the  Colonies  ;  and  therefore,  that  it  was  he  who  most  of- 
ficiously and  impertinently  put  them  upon  the  pursuit  of  this  will 
zi-ithawhisp^  which  has  led  him  and  them  into  so  much  mire.  2. 
The  artful  ilallery  with  which  he  insinuates  these  projects  into 


the 
their  I 
regarl 
urges! 
the  g\ 
wouh 
preju^ 
been 
The  II 
and  wf 
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pluce, 


reason 
before 


That 
w  reg- 
lost  of- 
is  will 
e.  2. 
ts  into 


the  mindfl  of  the  ministry,  ns  matters  of  nbflOlnte  necessity,  which 
their  great  penetration  could  hot  fail  to  discover,  nor  their  great 
regard  to  the  public,  omit.  3.  The  importunity  with  which  he 
urges  a  speedy  accomplishment  of  his  pretended  reformation  of 
the  governments,  and  4.  His  consciousness  that  these  schemes 
would  be  opposed,  although  he  affects  to  expect  from  powerful 
prejudices  only,  that  opposition,  which  all  Americans  say,  has 
been  dictated  by  sound  reason,  true  policy,  and  eternal  justice. 
The  last  thing  I  shall  take  notice  of  is,  the  artful,  yet  most  false 
and  wicked  insinuation,  that  such  new  regulations  were  then  gen- 
erally expected.  This  is  so  absolutely  false,  that  excepting  Ber- 
nard himself,  and  his  junto,  scarcely  any  body  on  this  side  the 
water  had  any  suspicion  of  it, — insomuch  that  if  Bernard  had 
made  public,  at  that  time,  his  preface  and  principles,  as  he  sent 
them  to  the  ministry,  it  is  much  to  be  doubted  whether  he  could 
have  lived  in  this  country — certain  it  is,  he  would  have  had  no 
friends  in  this  province  out  of  the  junto. 

The  intention  of  the  junto,  was,  to  procure  a  revenue  to  be 
raised  in  America  by  act  of  parliament.  Nothing  was  further 
from  their  designs  and  wishes,  than  the  drawing  or  sending  this 
revenue  into  the  exchequer  in  England  to  be  spent  there  in  dis- 
charging the  national  debt,  and  lessening  the  burdens  of  the  poor 
people  there.  They  were  more  selfish.  They  chose  to  have 
the  fingering  of  the  money  themselves.  Their  design  was,  that 
the  money  should  be  applied,  first  in  ajarge  salary  to  the  govern- 
or. This  would  gratify  Bernard's  avarice,  and  then  it  would 
render  him  and  all  other  governors,  not  only  independent  of  the 
people,  but  still  more  absolutely  a  slave  to  the  will  of  the  minis- 
ter. They  intended  likewise  a  salary  for  the  lieutenant  governor. 
This  would  appease  in  some  degree  the  gfiawings  of  Hutchinson's 
avidity,  in  which  he  was  not  a  whit  behind  Bernard  himself.  In 
the  next  place,  they  intended  a  salary  to  the  judges  of  the  com- 
mon law,  as  well  as  admiralty.  And  thus  the  whole  government, 
executive  and  judicial,  was  to  be  rendered  wholly  independent  of 
the  people,  (and  their  representatives  rendered  useless,  insignifi- 
cant and  even  burthensome)  and  absolutely  dependant  upon,  and 
under  the  direction  of  the  will  of  the  minister  of  {state.  They 
intended  further  to  new  model  the  whole  continent  of  North 
America,  make  an  entire  new  division  of  it,  into  distinct,  though 
more  extensive  and  less  numerous  Colonies,  to  sweep  away  all 
the  charters  upon  the  continent,  with  the  destroying  besom  of  an 
act  of  parliament,  and  reduce  all  the  governments  to  the  plan  of 
the  royal  governments,  with  a  nobility  in  each  Colony,  not  hered- 
itary indeed,  at  first,  but  for  life.  They  did  indeed  flatter  the 
ministry  and  people  in  England,  with  distant  hopes  of  a  revenue 
from  America,  at  some  future  period,  to  be  appropriated  to  na- 
tional uses  there.  But  this  was  not  to  happen  in  their  minds  for 
some  time.  The  governments  must  be  new  modelled,  new  reg- 
ulated, reformed  first  and  then  the  governments  here  would  be 


'■J'-'L 


20 


able  and  willing  to  carry  into  execution  any  acts  of  Parliament  ur 
measure!)  of  the  minietry,  for  fleecing  the  people  here,  to  pay 
(lebtfl,  or  support  pensioners,  on  the  American  establishment,  or 
bribe  electors,  or  members  of  parliament,  or  any  other  purpose 
that  a  virtuous  ministry  could  desire. 

But  as  ill  luck  would  have  it,  the  British  financier,  was  as  sel> 
fish  as  themselves,  and  instead  of  raising  money  for  them,  chose 
to  raise  it  for  himself.  He  put  the  cart  before  the  horse.  He 
chose  to  get  the  revenue  into  the  exchequer,  because  he  had 
hungry  cormorants  enough  about  him  in  England  whose  cooings 
were  more  troublesome  to  his  ears,  than  the  croaking  of  the  ra- 
vens in  America.  And  he  thought  if  America  could  afford  any 
revenue  at  all,  and  he  could  get  it  by  authority  of  parliament, 
he  might  have  it  himself,  to  give  to  his  friends,  as  well  as  raise  it 
for  the  junto  here,  to  spend  themselves,  or  give  to  theirs.  This 
unfortunate  preposterous  improvement  of  Mr.  Grcnville,  upon 
the  plan  of  the  junto,  had  well  nigh  ruined  the  whole. 

I  will  proceed  no  further  without  producing  my  evidence.  In- 
deed to  a  man  who  was  acquainted  with  this  junto,  and  had  any 
opportunity  to  watch  their  motions,  observe  their  language,  and 
remark  their  countenances,  for  these  last  twelve  years,  no  other 
evidence  is  necessary  ;  it  was  plain  to  such  persons,  what  this  jun- 
to was  about.  But  we  have  evidence  enough  now  under  their 
own  hands  of  the  whole  of  what  was  said  of  them  by  their  oppo- 
sers,  through  this  whole  period. 

Governor  Bernard,  in  hii  letter  July  II,  1764,  says,  "that  a 
general  reformation  of  the  American  governments  would  become 
not  only  a  desirable  but  a  necessary  measure.  What  his  idea  was, 
of  a  general  reformation  of  tbe  American  governments,  is  to  be 
learnt  from  his  principles  of  law  and  polity,  which  he  sent  to  the 
ministry  in  1704.  I  shall  select  a  few  of  them  in  his  own  words  ; 
but  I  wiiih  the  whole  of  them  could  be  printed  in  the  newspapers, 
that  America  might  know  more  generally  the  principles  and  de- 
signs and  exertions  of  our  junto. 

His  29th  proposition  is,  '^  The  rule  that  a  British  subject  shall 
not  be  bound  by  laws,  or  liable  to  taxes,  but  what  he  has  consent- 
ed to,  by  his  representatives,  must  be  confined  to  the  inhabitants 
of  Great  Britain  only  ;  and  is  not  strictly  true  even  there.  30. 
The  parliament  of  Great  Britain,  as  well  from  its  rights  of  sove- 
reignty, as  from  occasional  exigences,  has  a  right  to  make  laws 
for  atui  impose  taxes  upon  its  subjects  in  its  external  dominions, 
although  they  are  not  represented  in  such  parliament.  But  31. 
Taxes  imposed  upon  the  external  dominions,  ought  to  be  applied 
to  the  use  of  the  people,  from  whom  they  are  raised.  32.  The 
parliament  of  Great  Britain  has  a  right  and  duty  to  take  care  to 
provide  for  the  defence  of  the  American  Colonies  ;  especially  as 
such  Colonies  are  unable  to  defend  themselves.  33.  The  par- 
liament of  Great  Britain  has  a  right  and  a  duty  to  take  care  that 
provision  be  made  for  a  sufficient  support  of  the  American  gov- 


I 


31 


rliament  or 
're,  to  pay 
shment,  or 
er  purpose 

was  as  8el> 
lem,  chose 
lorse.  He 
ISO  he  had 
lose  cnoingt 
:  of  the  ra- 
afford  any 
parliament, 
I  as  raise  it 
;irs.  This 
b'ille,  upon 

lence.  In- 
i(i  had  any 
^uage,  and 
I,  no  other 
at  this  jun- 
nder  their 
:heir  oppo- 

s,  "  that  a 
lid  become 
is  idea  was, 
ts,  is  to  be 
sent  to  the 
wn  words  ; 
swspapers, 
es  and  de- 

ibject  shall 
us  consent- 
inhabitants 
here.  30. 
ts  of  sove- 
make  laws 
dominions, 
But  31. 
be  applied 
32.  The 
ke  care  to 
pecially  as 
The  par- 
!  care  that 
rican  gov- 


ernments. Because  34.  The  support  of  the  ^(ovcrnment  i^  one 
of  the  principal  conditions  upon  wliich  »  Colony  is  allowed  the 
power  of  legislation.  Also  because  35.  Some  of  the  American 
Colonies  have  shewn  themHolves  deficient  in  the  support  of  their 
several  goveniments,  both  as  to  sulHciency  and  independency." 

His  75th  proposition  is,  "  Every  American  ifovcrnmont  is  capa- 
ble of  having  its  constitution  altered  for  the   better.     76.  The 
grants  of  the  powers  of  governments  to  the  American  Colonies  by 
charters  cannot  be  understood  to  be  intended  fc-  other  than  their 
infant  or  growing  States.     77.  They  cannot  be  intended  f(»r  their 
mature  state,  that  is  for  perpetuity;  because  they  are  in   m;iny 
things  unconstitutional  and  contrarj/  to  the  very  nature  of  a  IJritiKli 
government ;  therefore  78.  They  must  be  considered  as  designed 
only  as  temporary  means,  for  settling  and  bringing  forward  the 
peopling  the   Colonies ;  which  being  etfected,  the  cause   of  the 
peculiarity  of  their  constitution  ceases.  70.  If  the  charters  can  be 
pleaded  against  the  authority  of  Parliament  they  amount  to  an  alien- 
ation of  the  dominions  of  Great  Britiiin,  and  are   in  elTect  acts  of 
dismembering    the   British  empire,  and  will  operate   as  such,  if 
care   is  not   taken    to  prevent   it.     83.  The    notion   which  has 
heretofore  prevailed,  that   the   dividing  America  into  many  gov- 
ernments,   and   different  modes  of  goverment  will  be  the  means 
to  prevent  their   uniting  to  revolt,  is    ill    founded ;    since,    if 
the  governments  were  ever  so  much  consolidated,  it   will   be 
necessary   to   have   so    many    distinct    States,   as    to    make    a 
union    to   revolt,     impracticable.      Whereas  84.    The  splitting 
America   into    many   small  governments,  weakens   the  govern- 
ing power,  and  strengthens  that  of  the  people ;    and    thereby 
makes   revolting    more    probable    and    more    praticable.     85. 
To  prevent  revolts  in  future  times  (for  there  is  no  room  to  fear 
them  in  the  present)  the  most  effectual  means  would  be,  to  make 
the  governments  large  and  respectable,  and  balance  the  powers 
of  them.     86.  There  is  no  government  in   America  at  present, 
whose  powers  are  properly  balanced  ;  there  not  being  in  any  of 
them,  a  real  and  distinct  third  legislative  power  mediating  between 
the  king  and  the  people,  which  is  the  peculiar  excellence  of  the 
British  constitution.     87.  The  want  of  such    a  third   legislative 
power,    adds   weight  to  the   popular,  and    lightens   the    royal 
scale ;  so  as  to  destroy  the  balance  between  the  royal  and  popu- 
lar powers.     88.  Although  America  is  not  now  (and   probably 
will  not  be  for  many  years  to  come)  ripe  enough  for  an  hereditary 
nobility  ;  yet  it  is  now  capable  of  a  nobilility  for  life.     89.  A  no- 
bilitv   appointed  by   the  king  for   life,  and   made  independent, 
would  probably  give  strength  and  stability  to  the  American  gov- 
ernments, as  e^Tectually  as  an  hereditary  nobility  does  to  that  of 
Great  Britain.     90.  The  reformation   of  American  governments 
should  not  be  controuled  by  the  present  boundaries  of  the  Colo- 
nies ;  as  they   were   mostly  settled  upon  partial,  occasional,   and 
accidental  considerations,  without  any  regard  to  a  whole.    91.   To 
settle  the  American  governments  to  the  greatest  possible  advan- 


%M 


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22 


tage,  it  will  be  necesflary  to  reduce  thn  number  of  them ;  in  some 
places  to  unite  and  consolidate,  in  others  to  separate  and  transfer; 
and  in  general  to  divide  by  natural  boundaries,  instead  of  imaginary 
lines.  U2.  If  there  should  be  but  one  form  of  government  establish- 
ed for  all  the  North  American  provinces,  if  would  greatly  facilitate 
the  reformation  of  them ;  since,  if  the  mode  of  government  was 
every  where  the  same,  people  would  be  more  indifferent  under 
what  division  they  were  ranged.  93.  No  objections  ought  to 
arise  to  the  alteration  of  the  boundaries  of  provinces  from  pro- 
prietors, on  account  of  their  property  only ;  since  there  is  no 
occasion  that  it  should  in  the  least  affect  the  boundaries 
of  properties.  94.  The  present  distinction  of  one  govern- 
ment being  more  free  or  more  popular  than  another,  tend  to  em- 
barrass and  to  weaken  the  whole  ;  and  should  not  be  allowed  to 
subsist  among  people,  subject  to  one  king  and  one  law,  and  all 
equally  fit  for  one  form  of  government.  95.  The  American  Colo- 
nies, in  general,  are,  at  this  time,  arrived  at  that  state,  which 
qualifies  them  to  receive  the  most  perfect  form  of  government, 
which  their  situation  and  relation  to  Great  Britain,  make  them  ca- 
pable of.  96.  The  people  of  North  America,  at  this  time,  expect 
a  revisal  and  reformation  of  the  American  governm'ents,  and  are 
better  disposed  to  submit  to  it,  than  ever  they  were,  or  perhaps 
ever  will  be  again.  97.  This  is  therefore  the  proper,  and  criti- 
cal time  to  reform  the  American  governments,  upon  a  general, 
constitutional,  firm,  and  durable  plan  ;  and  if  it  is  not  done  now,  it 
will  probably  every  day  grow  more  diificult,  till  at  last  it  becomes 
impracticable." 

My  friends,  these  are  the  words,  the  plans,  principles,  and  en- 
deavours of  governor  Bernard  in  the  year  1764.  That  Hutchin- 
son and  Oliver,  notwithstanding  all  their  disguises  which  you  well 
remember,  were  in  unison  with  him  in  the  whole  of  his  measures, 
can  be  doubted  by  no  man.  It  appeared  sufficiently  in  the  part 
they  all  along  acted,  nothwithstanding  their  professions.  And  it 
afipeai-s  incontestibly  from  Iheir  detected  letters,  of  which  more 
hereafter. 

Now  let  me  ask  you,  if  the  parliament  of  Great  Britain,  had 
all  the  natural  foundations  of  authority,  wisdom,  goodness,  justice, 
l^owcr,  in  as  great  perfection  as  they  ever  existed  in  any  body  of 
men  since  Adam's  fall ;  and  if  the  English  nation  was  the  most 
virtuous,  pure  and  free,  that  ever  was  ;  would  not  such  an  unlim- 
ited subjection  of  three  millions  of  people  to  that  parliament,  at 
three  thousand  miles  distance  be  real  slavery  ?  There  are  but 
two  sorts  of  men  in  the  world,  freemen  and  slaves.  The  very 
definition  of  a  freeman,  is  one  who  is  bound  by  no  law  to  which 
he  has  not  consented.  Americans  would  have  no  way  of  giving  or 
withholding  their  consent  to  the  acts  of  this  parliameui,  therefore 
they  would  not  be  freemen.  But,  when  luxury,  effeminacy  and 
venality  are  arrived  at  such  a  shocking  pitch  in  England,  when 
both  electors  and  elected,  are  become  one  mass  of  corruption, 


wt 
to 
yoil 
Yol 

to 


MV 


23 


when  the  nation  is  oppressed  to  death  with  debts  and  taxes,  owing 
to  tlieir  own  extravagance,  and  want  of  wisdom,  what  would  be 
your  condition  under  such  an  absolute  subjection  to  parliament  ? 
You  would  not  only  be  slaves.  But  the  most  abject  sort  of  slaves 
to  the  worst  sort  of  masters !  at  least  this  is  my  opinion.  J  udgo 
you  for  yourselves  between  Massachusettensis  and 

NOVANGUS. 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bai^, 

February  6,  1775. 

MV   FRIENDS,  '    '  ,. 

THE  history  of  the  tories,  began  in  my  last,  will  be  inter- 
rupted for  some  time  ;  but  it  shall  be  reassumed,  and  minutely 
related,  in  some  future  papers.  Massachusettensis,  who  shall 
now  be  pursued,  in  his  own  serpentine  path  ;  in  his  first  paper, 
complains,  that  the  press  is  not  free,  that  a  party  has  gained  the 
ascendency  so  far  as  to  become  the  liccncers  ol  it;  by  playing  off  the 
resentment  of  the  populsHse,  against  printers  and  authors  :  That 
the  press  is  become  an  eHigine  of  oppression  and  licentious.ess^ 
much  devoted  to  the  partisans  of  liberty,  who  have  been  indulged 
in  publishing  what  they  pleased,  fas  vcl  nefas^  while  little  has 
been  published  on  the  part  of  government. 

The  art  of  this  writer  which  appears  in  all  his  productions,  Is 
very  conspicuous  in  this.  It  is  intended  to  excite  a  resentment 
against  the  friends  of  liberty,  for  tyrannically  depriving  their  an- 
tagonists, of  so  important  a  branch  of  freedom,  and  a  compassion 
towards  the  tories,  in  the  breasts  of  the  people  in  the  other  Col- 
onies and  in  Great  Britain,  by  insinuating,  that  they  have  not  hnd 
equal  terms.  But  nothing  can  be  more  injurious,  nothing  farther 
from  the  truth.  Let  us  take  a  retrospective  view  of  the  period, 
since  the  last  peace,  and  see,  whether  they  have  not  uniformly 
had  the  press  at  their  service,  without  the  least  molestation  to 
authors  or  printers.  Indeed,  1  believe  that  the  Massachusetts 
Spy,  if  not  the  Boston  Gazette  have  been  open  to  them  as  well 
as  to  others.  The  Evening  Post,  Massachusetts  Gazette  and 
Boston  Chronicle,  have  certainly  been  always  as  free  for  their 
use  as  the  air.  Let  us  dismiss  prejudice  and  passion,  and  exam- 
ine impartially,  whether  the  tories  have  not  been  chargeable 
with  at  least  as  many  libels,  as  niuch  licentiousness  of  the  press, 
as  the  whigs  ?  Dr.  Mayhew  was  a  whig  of  the  first  magnitude, 
a  clergyman  equalled  by  very  few  of  any  denomination  in  piety, 


i 


■■■ 


:); 


m 


:tV 


i  i  ■■ 


/7,7rtt2-,  y  Um^'> 


y  Ua. 


% 


1:1 


■■; 


24 


virtue,  genius  or  leaining,  whose  works  will  maintain  his  charaC' 
ter,  as  long  as  New  England  shall  be  free,  integrity  esteemed,  or 
wit,  spirit,  humour,  or  reason  and  knowledge  admired.  How 
was  he  treated  from  the  press  ?  Did  not  the  reverend  tories 
who  were  pleased  to  write  against  him,  the  missionaries  of  defa- 
mation as  well  as  bigotry  and  passive  obedience,  in  their  pam- 
phlets, and  news  papers,  bespatter  him  all  over  with  their  filth  ? 
With  equal  falsehood  and  malice  charge  him  with  every  thing 
evil  ?  Mr.  Otis,  was  in  civil  life  ;  and  a  senator,  whose  parts,  lite- 
rature, eloquence  and  integrity,  proved  him  a  character  in  the 
world,  equal  to  any  of  the  time  in  which  he  flourished,  of  any 
party  in  the  province.  Now  be  pleased  to  recollect  the  Evening 
Post.  For  a  long  course  of  years,  that  gentleman,  his  friends  and 
connexions,  of  whom  the  world  has,  and  grateful  posterity  will 
have  a  better  opinion  than  Massachusettensis  will  acknowledge, 
were  pelted  with  the  most  infernally  malicious,  false,  and  atrocious 
libels,  that  ever  issued  from  any  press  in  Boston.  I  will  mention 
no  other  names,  lest  I  give  too  much  offence  to  the  modesty  of 
some,  and  the  envy  and  rancour  of  others. 

There  never  was  before,  in  any  part  of  the  world,  a  whole  town 
insulted  to  their  faces,  as  Boston  was,  by  the  Boston  Chronicle. 
Vet  the  printer  was  not  molested  for  printing,  it  was  his  mad  at- 
tack upon  other  printers  with  his  clubs,  and  upon  other  gentle- 
men with  his  pistols,  that  was  the  cause  of  his  flight,  or  rather 
the  pretence.  The  truth  was,  he  becajme  too  polite  to  attend  his 
itusiness,  his  shop  was  neglected,  pimjilinii  were  coming  for 
more  than  2000  sterling,  which  he  had  no  inclination  to  pay. 

Printers  may  have  been  less  eager  after  the  productions  of  the 
tories  than  of  the  whigs,  and  the  reason  has  been  because  the  latter 
have  been  more  consonant  to  the  general  taste  and  sense,  audcon- 
i^equently  more  in  demand.  Notwithstanding  this,  the  former 
have  ever  found  one  press  at  least  devoted  to  their  service,  and 
have  used  it  as  licentiously  as  they  could  wish.  Whether  the  rev- 
enue chest  has  kept  it  alive  and  made  it  profitable  against  the 
general  sense,  or  not,  I  wot  not.  Thus  much  is  certain  that  200, 
3,  4,  5,  600,  800,  1500  sterling  a  year,  has  been  the  constant  re- 
ward of  every  scribbler,  who  has  taken  up  the  pen  on  the  side  of 
the  ministry,  with  any  reputation,  and  commissions  have  been 
given  here  for  the  most  wretched  productious  of  dulness  itself. 
Whereas  the  writers  on  the  side  of  liberty,  have  been  rewarded 
only  with  the  consciousness  of  endeavouring  to  do  good,  with  the 
approbation  of  the  virtuous  and  the  malice  of  men  in  power. 

But  this  is  not  the  tirst  time,  that  writers  have  taken  advantage 
of  the  times.  Massachu-settcnsis  knows  the  critical  situation  of 
this  Province.  The  danger  it  is  in,  without  government  or  law  : 
The  army  in  Boston. — The  people  irritated  and  exasperated,  in 
such  a  manner  as  wiis  never  before  borne  by  any  people  under 
Heaven.  Much  depends  upon  their  patience  at  this  critical  time, 
and  such  an  example  of  patience  and  order,  this  people  have  ex- 


ti' 


26 


hibited  in  a  state  of  nature,  under  such  cruel  insults,  distresses 
and  provocations,  as  the  history  of  mankind  cannot  parallel. 
In  this  state  of  things,  protected  by  an  army,  the  whole  junto 
are  now  pouring  forth  the  whole  torrents  of  their  Billingpgate, 
propagating  thousands  of  the  most  palpable  falsehoods,  when  they 
know  that  the  writers  on  the  other  side  have  been  restrained  by 
their  prudence  and  Ciiution  from  engaging  in  a  controversy  that 
must  excite  heats,  lest  it  should  have  unhappy  and  tragical  conse- 
quences. 

There  is  nothing  in  this  world  so  excellent  that  it  may  not  be 
abused.  The  abuses  of  the  press  are  notorious.  It  is  much  to 
be  desired  that  writers  on  all  sides  would  be  more  careful  of  truth 
and  decency  :  but  upon  the  most  impartial  estimate,  the  tories 
will  be  found  to  have  been  the  least  so,  ot  any  party  among  us. 

The  honest  Veteran,  who  ought  not  to  be  forgotten,  in  this 
place,  says,  "  if  an  inhabitant  of  Bern  or  Amsterdam,  could  read 
the  newspapers,  &c.  he  would  be  at  a  loss  how  to  reconcile  op- 
pression with  such  unbounded  licence  of  the  press ;  and  would 
laugh  at  the  charge,  as  something  much  more  than  a  paradox,  as 
a  palpable  contradiction."  Bui  with  all  his  taste,  and  manly 
spirit,  the  Veteran  is  little  of  a  statesman.  His  ideas  of  liberty 
are  quite  inadequate  ;  his  notions  of  government  very  super- 
ficial. License  of  the  press  is  no  proof  of  liberty.  When  a  peo- 
ple is  corrupted,  the  press  may  be  made  an  engine  to  complete 
their  ruin  :  and  it  is  now  notorious,  that  the  ministry,  are  daily 
empk)ying  it  to  encrease  and  establish  corruption,  and  to  pluck  up 
virtue  by  th?  roots.  Liberty  can  no  more  exist  •»'ithout  virtue 
and  independence,  than  the  body  can  live  and  move  without  a  soul. 
When  these  are  gone,  and  the  popular  branch  of  the  constitution 
is  become  dependant  on  the  minister,  as  it  is  in  England,  or  cut  off 
as  it  in  America,  all  other  forms  of  the  constitution  may  remain  ; 
but  if  you  look  for  liberty,  you  will  grope  in  vain,  and  the  free- 
dom of  the  press,  instead  of  i)romoting  the  cause  of  liberty,  will 
but  hasten  its  destruction,  as  the  best  cordials  taken  by  patients,  in 
some  distempers,  become  the  most  rancid  and  corrosive  poisons. 

The  language  of  the  Veteran,  however,  is  like  the  style  of  the 
minister  and  his  scribblers  in  England,  boasting  of  the  unbounded 
freedom  of  the  press,  and  assuring  the  people  that  all  is  safe^ 
while  that  continues;  and  thus  the  people  are  to  be  cheated  with 
libels  in  exchange  for  their  liberties. 

A  stronger  proof  cannot  be  wished,  of  the  sciindalous  license  of 
the  tory  presses,  than  the  swarms  of  pamj)hlets  and  spec\ilations, 
in  New  York  and  Boston,  since  last  October.  '•  Madness,  folly,  de- 
lusion, delirium,  infatuation,  phrensy,  high  treason  and  rebellion," 
are  charged  in  every  page,  upon  three  millions  of  as  good  and 
loyal,  as  sensible  and  virtuous  people,  as  any  in  the  empire  :  nay 
upon  that  congress,  which  was  as  lull  niul  free  a  representative, 
as  ever  was  constituted  by  any  people,  chos<  n  universally  with* 
flut  solicitation,  or  the  least  tincture  oj' corruption  :   that  congress 

i 


'''  ^1 

«.        .4. 

'.    Ill 

i 


>'M 


'!  ■ 


i.i 


'i'- 


.  i 


26 


wh|ch  consisted  of  governors,  counsellors,  some  of  them  by  mau- 
damus  too,  judges  of  supreme  courts,  speakers  of  assemblies, 
planters  and  merchants  of  the  first  fortune  and  character,  and  law- 
yers of  the  highest  class,  many  of  them  educated  at  the  temple, 
called  to  the  bar  in  England,  and  of  abilities  and  integrity  equal  to 
any  there. 

Massachusettensis,  conscious  that  the  people  of  this  continent 
have  the  utmost  abhorrence  of  treason  and  rebellion,  labours  to 
avail  himself  of  the  magic  in  these  words.  But  his  artifice  is 
.ain.  The  people  are  not  to  be  intimidated  by  hard  woids,  from 
a  necessary  defence  of  their  liberties  :  Their  attachment  to  their 
constitution  so  dearly  purchased  by  their  own  and  their  ancestors 
blood  and  treasure,  their  aversion  to  the  late  innovations,  their 
horror  of  arbitrary  power  and  the  Romish  religion,  are  much 
deeper  rooted  than  their  dread  of  rude  sounds  and  unmannerly 
language.  They  do  not  want  the  advice  of  an  honest  lawyer, 
if  such  an  one  could  be  found,  nor  will  they  be  deceived  by  a 
dishonest  one.  They  know  what  offence  it  is,  to  assemble,  armed 
and  forcibly  obstruct  the  course  of  justice.  They  have  been 
many  years  considering  and  inquiring,  they  have  been  instructed 
by  Massachusettensis  and  his  friends,  in  the  nature  of  treason,  and 
the  consequences  of  their  own  principles  and  actions.  They 
know  upon  what  hinge  the  whole  dispute  turns.  That  the  fun- 
damentals of  the  government  over  them,  are  disputed,  that  the 
minister  pretends  and  had  the  influence  to  obtain  the  voice  of  the 
last  parliament  in  his  favour,  that  parliament  is  the  only  supreme, 
sovereign,  absolute  and  uncontroulable  legislative  over  all  the 
Colonies,  that  therefore  the  minister  and  all  his  advocates  will 
cal'.  resistance,  to  acts  of  parliament,  by  the  names  of  treason  and 
rebeUion.  But  at  the  same  time  they  know,  that  in  their  own 
opinions,  and  in  the  opinions  of  all  the  Colonies,  parliament  has 
no  authority  over  them,  excc^>tiiig  to  regulate  their  trade,  and 
this  not  by  any  principle  of  common  law,  but  merely  by  the  con- 
sent of  the  Colonies,  founded  on  the  obvious  necessity  of  a  case, 
which  was  never  in  contemplation  of  that  law,  nor  provided  for 
by  it ;  that  therefore  they  have  as  good  a  right  to  charge  that 
minister,  Massachusettensis  and  the  whole  armj'  to  which  he  has 
lied  for  protection,  with  treason  and  rebellion.  For  if  the  par- 
liament has  not  a  legal  authority  to  overturn  their  constitution, 
and  subject  them  to  such  acts  as  are  lately  passed,  every  man, 
who  accepts  of  any  commission  and  takes  any  steps  to  carry  those 
acts  into  execution,  is  guilty  of  overt  acts  of  treason  and  rebel- 
lion against  his  majesty,  his  royal  crown  and  dignity,  as  much  as 
if  he  should  take  arms  against  his  troops,  or  attempt  his  sacred 
life.  They  know  that  the  resistance  against  the  stampt  act, 
which  was  made  through  all  America,  was  in  the  opinion  of  Mas- 
sachusettensis, and  George  Grenville,  high  treason,  and  that  Bri. 
gadier  Ruggles,  and  good  Mr.  Ogden,  pretended  at  the  congress 
at  New  York,  to  be  of  the  same  mind,  and  have  been  held  in 


27 


m  by  mau- 
issemblies, 
[",  and  law- 
:ie  temple, 
y  equal  to 

I  continent 
labours  to 
artifice  is 
Olds,  from 
it  to  their 

ancestors 
008,  their 
are  much 
imannerly 
3t  lawyer, 
ived  by  a 
le,  armed 
lave  been 
instructed 
ason,  and 
3.  They 
the  fun,' 

that  the 
ice  of  the 
supreme, 
[■  all  the 
:ates  will 
iason  and 
heir  own 
ment  has 
»de,  and 
the  con- 
f  a  case, 
'^ided  for 
rge  that 
1  he  has 
the  par- 
titution, 
ry  man, 
ry  those 
i  rebel- 
much  as 
i  sacred 
ipt  act, 
of  Mas- 
hat  Bri. 
ongress 
held  in 


'fr 


utter  contempt  and  derision  by  the  whole  continent,  for  (he  samo 
reason,  ever  since  ;  because  in  their  own  opinion,  that  resistance 
was  a  noble  stand  against  tyranny,  and  the  only  opposition  to  it, 
which  could  have  been  effectual.  That  if  the  American  resist- 
ance to  the  act  for  destroying  your  charter,  and  to  the  resolves 
for  arresting  persons  here  and  sending  them  to  England  for  trial 
is  treason,  the  lords  and  commons,  and  the  whole  nation,  were 
traitors  at  the  rovohition. 

They  know  that  all  America  is  united  in  sentiment,  and  in  the 
plan  of  opposition  to  the  claims  of  administration  and  parliament. 
The  junto  in  Boston,  with   their  little  flocks  of  adherents  in  the 
country,  are  not  worth  taking  into  the  account ;    and  the  army 
and  navy,  though  these  are  divided  among  themselves,  are  no 
part  of  America  ;  in  order  to  judge  of  this  union,  they  begin  at 
the  commencement  of  the  dispute,  and  run  through  the  whole 
course  of  it.    At  the  time  of  the  Stamp  Act,  every  Colony  expres- 
sed its  sentiments  by  resolves  of  their  assemblies,  and  every  one 
agreed  that  parliament  had  no  right  to  tax  the  Colonies.     The 
house  of  representatives  of  the  Massachusetts  Bay,  then  consisted 
of  many  persons,  who  have  since  figured  as  friends  to  government ; 
yet  every  member  of  that  house  concurred  most  cheerfully  in 
the  resolves   then  passed.     The  congress  which  met  that  year 
at  New  York,  expressed  the  same  opinion  in  their  resolves,  after 
the  paint,  paper  and  tea  act  was  passed.     The  several  assemblies 
expressed  the  same  sentiments,  and  when  your  Colony  wrote  the 
famous   circular  letter,    notwithstanding  all  the   mandates  and 
threats,  and  cajoling  of  the  minister  and  the  several  governors, 
and  all  the  crown  officers  through  the  continent,  the  assemblies 
with  one  voice  echoed  their  entire  approbation  of  that   letter, 
and  their  applause  to  your  Colony  for  sending   it.     In  the  year 
1768,  when  a  non  importation  was  suggested  and  planned  by  a 
few  gentlemen  at  a  private  club,  in  one  of  our  large  towns,  as 
soon  as  it  was  proposed  to  the  public,  did  it  not  spread  through 
the  whole  continent  ?     Was  it  not  regarded,  like  the  laws  of  the 
Medes  and  Persians,  in  almost  all  the  Colonies  ?    When  the  paint 
■(.::]d  paper  act  was  repealed,  the  southern  Colonies  agreed  to  de- 
part from  the  association  in  all  things  but  the  dutied  articles,  but 
they  have  kept  strictly  to  their  agreement  against  importing  them, 
so  that  no  tea  worth  the  mentioning,  has  been  imported  into  any 
of  them  from  Great  Britain  to  this  day.     In  the  year  1 770,  when 
a  number  of  persons  were  slaughtered  in  King  Street,  such  was 
the  brotherly  sympathy  of  all  the  Colonies,  such  their  resentment 
against  an  hostile    administration ;  that  the  innocent  blood  then 
spilt,  has  never  been  forgotten,  nor  the  murderous  minister  and 
governors,  who  brought  the  troops  here,  forgiven,  by  any  part 
of  the  continent,  and  never  will  be.     When  a  certain  masterly 
statesman,  invented  a  committee  of  correspondence  in  Boston, 
which  has  provoked  so  much  of  the  spleen  of  Massachusettensis, 
of  which  much  more  hereafter  ;  did  not  every  Colony,  nay  every 


r 


28 


county,  city,  hundred  and  town  upon  the  whole  continent, 
adopt  the  measure  ?  1  had  almost  said,  as  if  it  had  been  a  reve- 
lation from  above,  as  the  happiest  means  of  cementing  the  union 
and  acting  in  concert?  What  proofs  of  union  have  been  given 
since  the  last  March?  Look  over  the  resolves  of  the  several  Col- 
onies, and  you  will  see  that  one  understanding  governs,  one  heart 
animates  the  whole  body.  Assemblies,  conventions,  congresses, 
towns,  cities,  and  private  clubs  and  circles,  have  been  actuated  by 
one  great,  wise,  active  and  noble  spirit,  one  masterly  soul,  ani- 
mating one  vigorous  body. 

The  congress  at  Philadelphia,  have  expressed  the  same  senti- 
ments with  the  people  of  New  England,  approved  of  the  opposi- 
tion to  the  late  innovations,  unanimously  advised  us  to  persevere 
in  it,  and  assured  us  that  if  force  is  attempted  to  carry  these  mea- 
sures against  us,  all  Arierica  ought  to  support  us.  Maryland 
and  the  lower  counties  on  Delaware,  have  already,  to  shew  to 
all  the  world  their  approbation  of  the  measures  of  New  England, 
and  their  determination  to  join  in  them,  with  a  generosity,  a  wis- 
dom and  magnanimity,  which  ought  to  make  the  tories  consider, 
taken  the  power  of  the  militia  into  the  hands  of  the  people,  with- 
out the  governor,  or  minister,  and  established  it,  by  their  own 
authority,  for  the  defence  of  the  Massachusetts,  as  well  as  of 
themselves.  Other  Colonies  are  only  waiting  to  see  if  the  neces- 
sity of  it  will  become  more  obvious.  Virginia,  and  the  Carolinas, 
are  preparing  for  military  defence,  and  have  been  for  some  time. 
When  we  consider  the  variety  of  climates,  soils,  religious,  civil 
governments,  commercial  interests,  &c.  which  were  represented 
at  the  congress,  and  the  various  occupations,  educations,  and  char- 
acters of  the  gentlemen  who  composed  it,  the  harmony  and  una- 
nimity which  prevailed  in  it,  can  scarcely  be  paralleled  in  any 
assembly  that  ever  met.  When  we  consider,  that  at  the  revolu- 
tion, ?uch  mighty  questions,  as  whether  the  throne  was  vacant  or 
not,  and  whether  the  Prince  of  Orange  should  be  king  or  not, 
were  determined  in  the  convention  of  parliament  by  small  major- 
ities of  two  or  three,  and  four  or  five  only  ;  the  great  majorities, 
the  almost  unanimity  with  which  all  great  questions  have  been 
-lecided  in  your  house  of  representatives,  and  other  assemblies, 
and  especially  in  the  continental  congress,  cannot  be  considered 
in  any  other  light  than  as  the  happiest  omens  indeed,  as  provi- 
dential dispensations  in  our  favour,  as  well  as  the  clearest  demon- 
strations of  the  cordial,  firm,  radical  and  indissoluble  union  of  the 
Colonies. 

The  grand  aphorism  of  the  policy  of  the  whigs  has  been  to 
unite  the  people  of  America,  and  divide  those  of  Great  Britain : 
The  reverse  of  this  has  been  the  maxim  of  the  tories,  viz  : — To 
unite  the  people  of  Great  Britain,  and  divide  those  of  America  : 
All  the  movements,  marches  and  countermarches  of  both  parties, 
on  both  sides  of  the  Atlantic,  may  be  reduced  to  one  or  the  other 
of  these    rules.      I  have  shewn,    in    opposition  to  Massachu^- 


fiettel 

than! 

most 

the 

the 

cess  I 

firmn 

com| 

Grej 

easy  I 

thoul 

of 


'  ': 


^■i 


S9 


'4 


eettensis,  that  the  people  of  America  are  unitorl  more  perfectly 
than  the  most  sanguine  whig  couhl  ever  have  hoped,  or  than  the 
most  timid  tory  could  have  feared.  Let  us  now  examine  whether 
the  people  of  Great  Britain  are  equally  united  against  us.  For  if 
the  contending  countries  were  equally  united,  the  prospect  of  suc- 
cess in  the  quarrel  would  depend  upon  the  comparative  wisdom, 
firmness,  strength  and  other  advantages  of  each.  And  if  such  a 
comparison  was  made,  it  would  not  appear  to  a  demonstration  that 
Great  Britain  could  so  easily  suhdue  and  conqtier.  It  is  not  so 
easy  a  thing  for  the  most  powerful  State  to  conquer  a  coimtry  a 
thousand  leagues  off.  How  many  years  time,  how  many  millions 
of  money,  did  it  take,  with  five  and  thirty  thou«and  men,  to  con- 
quer the  poor  province  of  Canada  ?  And  after  all  the  battles  and 
victories,  it  never  would  have  submitted  without  a  capitulation, 
which  secured  to  them  their  religion  and  properties. 

But  we  know  that  the  people  ol  Great  Britain  are  not  united 
against  us.  We  distinguish  between  the  ministry,  the  house  of 
commons,  the  officers  of  the  army,  navy,  excise,  customs,  &,c. 
who  are  dependent  on  the  ministry  and  tempted,  if  not  obliged, 
to  echo  theip  voices ;  and  the  body  of  the  people.  We  are  assured 
by  thousands  of  letters  from  persons  of  good  intelligence,  by  the 
general  strain  of  publications  in  public  papers,  pamphlets,  and 
magazines,  and  by  some  larger  works  written  for  posterity,  that 
the  body  of  the  people  are  friends  to  America,  and  wish  us  suc- 
cess in  our  struggles  against  the  claims  of  parliament  and  admin- 
istration. We  know  that  millions  in  England  and  Scotland,  will 
think  it  unrighteous,  impolitic  and  ruinous,  to  make  war  upon  us, 
and  a  minister,  though  he  may  have  a  marble  heart,  will  proceed 
with  a  diffident,  desponding  spirit.  We  know  that  London  and 
Bristol  the  two  greatest  commercial  cities  in  the  empire,  have  de- 
clared themselves  in  the  most  decisive  manner,  in  favor  of  our 
cause.  So  explicitly  that  the  former  has  bound  her  members 
under  their  hands  to  assist  us,  and  the  latter  has  chosen  two  known 
friends  of  America,  one  attached  to  us  by  principle,  birth,  and  the 
most  ardent  affection,  the  other  an  able  advocate  ior  us  on  sever- 
al great  occasions.  We  know  that  many  of  th':  most  virtuous  and 
independent  of  the  nobility  and  gentry,  are  for  us,  and  among 
them  the  best  bishop  that  adorns  the  bench,  as  great  a  judge  as 
the  nation  can  boast,  and  the  greatest  statesman  it  oversaw.  We 
know  that  the  nation  is  loaded  with  debts  and  taxes  by  the  folly 
and  iniquity  of  its  ministers,  and  that  without  the  trade  of  Amerir 
ca,  it  can  neither  long  support  its  fleet  and  army,  nor  pay  the  in- 
terest of  its  debt. 

But  we  are  told  that  the  nation  is  now  united  against  u?,  that 
they  hold  they  have  a  right  to  tux  us  and  legislate  for  us  as  firmly 
as  we  deny  it.  That  we  are  a  part  of  the  British  empire,  that 
every  State  must  have  an  uncontroulable  power  co-extensive  with 
the  empire,  that  there  is  little  probability  of  serving  ourselves  by 
ingenious  distinctions  between  external  and  internal  taxes.     If  wo 


.Hi 

i 


■  *:  i 


•im 


h 


30 


;t..i;, 

•t: 


ill 


1^1 


•i:^ 


ii'i'^  ■ 


^f 


!►■ 


u 


are  not  a  part  of  the  state,  and  subject  to  the  supreme  authority 
o{  parliament,  Great  Britain  will  make  ub  so  ;  that  if  this  oppor- 
tunity of  reclaiming  the  Colonies  is  lost,  they  will  be  dismember- 
ed from  the  enipire  ;  and  although  they  may  continue  their  alle- 
giance to  the  king  they  will  own  none  to  the  imperial  crown. 

To  all  this  I  answer,  that  the  nation  is  not  so  united  ;  that  they 
do  not  so  universall)'  hold  they  hav  e  such  a  right,  and  my  reasons 
I  have  given  before.  That  the  terms  "  British  Empire"  arc  not 
the  langurge  of  the  common  law,  but  the  language  of  newspapers 
and  political  pamphlets.  That  the  dominions  of  the  king  of  Great 
Britain  has  no  uncontroulable  power  co-extensive  with  them.  I 
would  ask  by  what  law  the  Parliament  has  authority  over  Amer- 
ica ?  By  the  law  of  God  in  the  Old  and  New  Testament,  it  has 
none  :  By  the  law  of  nature  and  nations,  it  has  none.  By  the 
common  law  of  England  is  has  none.  For  the  common  law,  and 
the  authority  of  parliament  founded  on  it,  never  extended  be- 
yond the  four  seas.  By  stautute  law  it  has  none,  for  no  statute 
was  made  before  the  settlement  of  the  Colonies  for  this  purpose  ; 
and  the  declaratory  act  made  in  1766,  was  made  without  our  con- 
sent, by  a  parliament  which  had  no  authority  beyond  the  four  seas. 
What  religious,  moral  or  polititical  obligations  then  are  we  under, 
to  submit  to  parliament  as  a  supreme  legislative  ?  None  at  all. 
When  it  is  said,  that  if  we  are  not  subject  to  the  supreme  author- 
ity of  parliament.  Great  Britain  will  make  us  so,  all  other  laws  and 
obligations  are  given  up,  and  recourse  is  had  to  the  ratio  ultima  of 
Louis  the  1 4th,  and  the  suprema  lex  of  the  king  of  Sardinia,  to  the 
law  of  brickbats  and  cannon  balls,  which  can  be  answered  only  by 
brickbats  and  balls. 

This  language  "  the  imperial  crown  of  Great  Britain,"  is  not  the 
style  of  the  common  law  but  of  court  sycophants,  It  was  intro- 
duced in  allusion  to  the  Roman  empire,  and  intended  to  insinuate 
that  the  prerogative  of  the  imperial  crown  of  England,  was  like 
that  of  the  Roman  emperor,  after  the  maxim  was  established, 
quod  pnncipi  placuit  legis  habet  vigorem^  and  so  far  from  including 
the  two  houses  of  parliament  in  the  idea  of  this  imperial  crown,  it 
was  intended  to  insinuate  that  the  crown  was  absolute,  and  had  no 
need  of  lords  or  commons  to  make  or  dispense  with  laws.  Yet 
even  these  court  sycophants  when  driven  to  an  explanation,  never 
diired  to  put  any  other  sense  upon  the  words  imperial  crown  than 
this,  that  the  crown  of  England  was  independent  of  France,  Spain, 
and  all  other  kings  and  states  in  the  world. 

When  he  says  that  the  king's  dominions  must  have  an  uncon- 
troulable power,  CO  extensive  with  them.  I  ask  whether  they 
have  such  a  power  or  not  ?  And  utterly  deny  that  they  have  by 
any  law  but  that  of  Louis  the  14th,  and  the  king  of  Sardenia.  If 
they  have  not,  and  it  is  necessary  that  they  should  have,  it  then 
follows  that  there  is  a  defect  in  what  he  calls  the  British  empire ; 
and  how  shall  this  defect  be  supplied  ?  It  cannot  be  supplied  con- 
sistantly  with  reason,  justice,  policy,  morality,  or  humanity,  with* 


M 


31 


ort  the  consent  of  the  Colonies  and  some  new  plan  o(  connec- 
tion. But  if  Great  Britain  will  set  all  these  at  defiance,  and  resort 
to  the  ratio  ultima^  all  Europe  will  pronounce  her  a  tyrant,  and 
America  never  will  submit  to  her,  be  the  danger  of  disobedience 
as  great  as  it  will. 

But  there  is  no  need  of  any  other  power  than  that  of  regula- 
tin^  trade,  and  this  the  Colonies  ever  have  been  and  will  be  ready 
and  willing  to  concede  to  her.  But  she  will  never  obtain  from 
America  any  further  concession  while  she  exists.  We  are  then 
asked, "  for  what  she  protected  and  defended  the  Colonies  against 
the  maritime  power  of  Europe  from  their  first  settlement  to 
this  day  ?"  I  answer  for  her  own  interest,  because  all  the  profitfn 
of  our  trade  centered  in  her  lap.  But  it  ought  to  be  remember- 
ed, that  her  name,  not  her  purse,  nor  her  fleets  and  armies, 
ever  protected  us,  until  the  last  war,  and  then  the  minister  who 
conducted  that  war,  informs  us,  that  the  annual  millions  from 
America  enabled  her  to  do  it. 

We  are  then  asked    for   what  she  purchased  New  York  oi' 
the  Dutch  ?  I  answer  she  never  did.     The  Dutch  never  owned 
it,  were  never  more   than   trespassers  and  intruders  there,  and 
were  finally  expelled  by  conquest.     It  was  ceded  it  is  true  by 
the  treaty  of  Breda,  and  it  is  said  in  some  authors,  that  some  other 
territory  in  India  was  ceded  to  the  Dutch  in  lieu  of  it.     But  this 
was  the  transaction  of  the  king,  not  of  parliament,  and   there- 
fore makes  nothing  to  the  ai^ument.     But  admitting  for  argument 
sake,  (since  the   cautious   Massachusettensis    will  urge  us   into 
the   discussion  of  such  questions)  what  is  not  a  supposable  case, 
that  the  nation  should  be  so  sunk  in  sloth,  luxury,  and  corruption, 
as  to  suffer  their  minister    to    persevere    in    his    mad  blunders 
and  send  fire  and  sword  against  us,  how   shall  we  defend  our- 
selves? The   Colonies  south   of  Pennsylvania  have  no  men  to 
spare  we  are  told.     But  we   know  better — we  know    that   all 
those  Colonies  have  a  back  country  which   is    inhabited  by  an 
hardy,  robust  people,  many  of  whom  are  emigrants  from  New 
England,  and  habituated  like   multitudes  of  New  England  men, 
tocarr    their  fuzees  or  rifles  upon  one  shoulder  to  defend  them- 
selves against  the  Indians,  while  they  carried    their  aves,  scythes 
and  hoes  upon  the  other   to   till  the  ground.     Did    not    those 
Colonies  furnish  men  the  last    war    excepting    Maryland?   Did 
not  Virginia   furnish   men,    one    regiment  particularly  equal  to 
any  regular  regiment  in  the  service  ?  Does  the  soft  \Iassachuset- 
tensis  imagine  that  in  the  unnatural  horrid  war,  he  is  now  suppo- 
sing their  er  ertions  would  be  less  ?  If  he  does  he  is  very   ill  in- 
formed of  their  principles,  their  present  sentiments  and  temper. 
But  "  have  you  arms  and  ammunition  ?"  I  answer  we  have  ;  but 
if  we   had   not,  we  could  make    a  sufficient  quantity  for  both. 
What  should  hinder?  We  have  many  manufacturers  of  fire  arms 
now,  whose  arms  are   as  good  as  any  in  the  world.     Powder  has 
been  made  here,  and  may  be  again,  and  so  may  salt-^cue.    What 


.ii 


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32 

should  hinder?  Wc  hnve  all  the  materinlsi  in  great  ahundanCe^ 
and  the  process  Ih  very  "implc.  But  if  we  neither  had  them 
nor  could  make  them,  wc  could  import  them.  But  "  the  British 
navy"  aye  there's  the  ruh.  But  let  us  consider,  eiince  the  pru- 
dent Massachusettensis  will  have  these  questions  dehated.  How 
many  ships  are  taken  to  blockade  Boston  harbour  ?  How  many 
ships  can  Britain  spare  to  carry  on  this  humane  and  political  war, 
the  object  ofwhicb  is  a  pepper  corn  !  let  her  send  all  the  ships 
she  has  round  her  island.  What  if  her  ill  natured  neighbours, 
France  and  Spain  should  strike  a  blow  in  their  absence  'I  In  order 
to  judge  what  they  could  all  do  when  they  arrived  here  we 
should  consider  what  they  are  all  able  to  do  round  the  island 
of  Great  Britain.  We  know  that  t\v^  upmost  vigilance  and  exer- 
tions of  them  added  to  all  the  terap  of  sanguinary  laws,  are 
not  sufficient  to  prevent  continual  smuggling,  into  their  own  island. 
\re  there  not  tifly  bays,  harbours,  creeks  and  inlets  upon  the 
whole  coast  of  North  America,  where  there  is  one  round  the 
island  of  Great  Britain.  Is  it  to  be  supposed  then,  that  the  whole 
British  navy  could  prevent  the  importation  of  arms  and  ammu"! 
tiition  into  America,  if  she  should  have  occasion  for  them  to  de- 
fend herself  against  the  hellish  warfare  that  is  here  supposed. 

But  what  will  you  do  for  discipline  and  subordination  ?  I  an- 
swer we  will  have  them  in  as  great  perfection  as  the  regular 
troops.  If  tbe  provincials  were  not  brought  in  the  last  war  to  a 
proper  discipline,  what  was  the  reason  ?  Because  regular  gener- 
als would  not  let  them  fight,  which  they  ardently  wished,  but 
<anployed  them  in  cutting  roads.  If  they  had  been  allowed  to 
light  they  would  have  brought  the  war  to  a  conclusion  too 
soon.  The  provincials  did  submit  to  martial  law,  and  to  the  mu- 
tiny and  desertion  act  the  last  war,  and  such  an  act  may  be 
made  here  by  a  legislature  which  they  will  obey  with  much 
^i  t7u>-  alacrity  than  an  act  of  parliament. 

The  new  fangled  militia  as  the  specious  Massachusettensis  calls 
it,  is  such  a  militia  as  he  never  saw.  They  are  commanded 
through  the  province,  not  by  men  who  procured  their  commis- 
sions from  a  governor  as  a  reward  for  making  themselves  pimps 
to  his  tools,  and  by  discovering  a  hatred  of  the  people  but  by 
gentlemen  whose  estates,  abilities  and  benevolence  have  render- 
ed them  the  delight  of  the  soldiers,  and  there  is  an  esteem  and 
respect  for  them  visible  through  the  province,  which  has  not 
been  used  in  the  militia.  Nor  is  there  that  unsteadiness  that 
is  charged  upon  them.  In  some  places,  where  companies  have 
been  split  into  two  or  three,  it  has  only  served  by  exciting  an 
emulation  between  the  companies  to  increase  the  martial  spirit 
and  skill. 

The  plausible  Massachusettensis  may  write  as  he  will,  but  in 
a  land  war,  this  continent  might  defend  itself  against  all  the  world. 
"We  have  men  enough,  and  those  men  have  as  good  natural  un- 
derstandings, and  as  much  natural  courage  as  any  other  men.     If 


^ 


X 


they  were  wholly  igfiioraiit  now,  they  might  learn  the  art  of  war. 
But  at  sea  we  are  tlofenceiess.  A  navy  might  burn  our  seaport 
tojvns.  What  then  ?  If  the  insinuating  Massachusettensis  has 
ever  read  any  speculations,  concerning  an  Agrarian  law,  and  1 
know  he  has,  he  will  be  satisfied  that  350,000  landholders 
will  not  give  up  their  rights  and  the  constitution,  by  which  t  .ey 
hold  them,  to  save  fifty  thousand  inhabitants  of  maritime  towns. 
Will  the  minister  be  nearer  his  mark,  after  he  has  burnt  n  beauti- 
ful town  and  murdered  30,000  innocent  people  ?  So  far  from  it, 
that  one  such  event,  would  occasion  the  loss  of  all  the  Colonies 
to  Great  Britain  forever.  It  is  not  so  clear  that  our  trade,  fishery 
and  navigation,  could  be  taken  from  us.  Some  persons,  who  un- 
derstand this  subject  better  than  Massachusettensis,  with  all  his 
sprightly  imaginations,  are  of  a  different  opinion.  They  think 
that  our  trade  would  be  increased.  But  I  will  not  enlarge  upon 
this  subject,  because  I  wish  the  trade  of  this  continent  may  be 
confined  to  Great  Britain,  at  least  as  much  of  it,  as  it  can  do  her 
any  good  to  restrain. 

The  Canadians  and  Savages  are  brought  in  to  thicken  the  hor- 
rors of  a  picture,  with  which  the  lively  fancy  of  this  writer  has 
terrified  him.  But  although  we  are  sensible  that  the  Quebec  act 
has  laid  a  foundation  for  a  fabric,  which  if  not  seasonably  de 
molishcd,  may  be  formidable,  if  not  ruinous  to  the  Colonies,  in  fu- 
ture times,  yet  we  know  that  these  times  are  yet  at  a  distance  ;  at 
present  we  hold  the  power  of  the  Canadians  as  nothing.  But  we 
know  their  dispositions  are  not  unfriendly  to  us. 

The  Savages  will  be  more  likely  to  be  our  friends  than  en- 
emies; but  if  they  sh  juld  not,  we  know  well  enough  how  to  de 
fend  ourselves  against  them. 

I  ought  to  apologize  for  the  immoderate  length  of  this  paper. 
But  general  assertions  are  only  to  be  confuted  by  an  examination 
of  particulars,  which  necessarily  fills  up  much  space.  I  will  tres- 
pass on  the  reader's  patience  only  while  I  make  one  observation 
more  upon  the  art,  I  had  almost  said  chicanery  of  fhis  writer. 

He  affirms  that  we  are  not  united  in  this  province,  and  that  asso- 
ciations are  forming  in  several  parts  of  the  province.  Tlie  asso- 
ciation he  means  has  been  laid  before  tho  public,  and  a  very  curi- 
ous piece  of  legerdemain  it  is.  Is  there  any  article  acknowledging 
the  authority  of  parliament,  the  unlimitted  authority  of  parlia- 
ment? Brigadier  Ruggles  himself,  Massachusettensis  himself, 
could  not  have  signed  it  if  there  had,  consistent  with  their  known 
declared  opinions.  They  associate  to  stand  by  the  king's  laws, 
and  this  every  whig  will  sulAScribe.  But  after  all,  what  a  wretch- 
ed fortune  has  this  association  made  in  the  world !  the  numbers 
who  have  signed  it,  would  appear  so  inconsiderable,  that  1  dare 
say  the  Brigadier  will  never  publish  to  the  world  their  numbers 
or  names.  But  "  has  not  Great  Britain  been  a  nursing  mother  to 
us  ?"  Yes,  and  we  have  behaved  as  nurse  children  commonly  do. 


'<1BiM 

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34 


been  rery  fond  of  hnr,  ami  rewarded  her  uU  uloog  Ion  Ibid  for  uH 
her  cure  nnd  expense  in  our  nurture. 

But  ^^  is  not  our  distraction  owing  to  parliament's  taking  off  a 
shilling  duty  on  toa  and  imposing  three  pence,  and  is  not  this 
a  more  unaccountable  pbr^'nity,  more  disgraceful  to  the  annals  of 
America,  than  the  witchcraft?" 

Is  the  three  pence  upon  tea  our  only  grievance  ?  Are  vrb 
not  in  this  province  deprived  of  the  priviledge  of  paying  our 
governor',  judges,  &c  ?  Are  not  trials  by  jury  taken  from  us  ?  Are 
we  nut  sent  lu  England  for  trial  1  Is  not  a  military  government 
put  over  us  ?  Is  not  our  constitution  demolished  to  the  founda- 
tion ?  Have  not  the  ministry  shewn  by  the  Quebec  bill,  that 
we  have  uo  security  against  them  for  our  religion  any  more 
than  our  property,  if  wc  once  submit  to  the  unlimited  claims  of 
parliament?  This  is  so  gross  an  attempt  to  impose  on  the  moat 
ignorant  of  the  people,  that  it  is  a  shame  to  answer  it. 

Obsla  principiis — Nip  the  shoots  of  arbitrary  power  in  the 
bud,  is  the  only  maxim  which  can  ever  preserve  the  liberties 
of  any  people.  When  the  people  give  way,  their  deceivers, 
betrayers  and  destroyers  press  upon  them  so  fast  that  there  is 
no  resisting  afterwards.  The  nature  of  the  encroachment  upon 
American  constitution  is  such,  as  to  grow  every  day  more  and 
more  encroaching.  Like  a  cancer,  it  eats  faster  and  faster  every 
hour.  The  revenue  creates  pensioners  and  the  pensioners  urge 
for  more  revenue.  The  people  grow  less  steady,  spirited  and 
virtuous,  the  seekers  more  numerous  and  more  corrupt,  and 
every  day  increases  the  circles  of  their  dependants  and  expect- 
ants, until  virtue,  integrity,  public  spirit,  simplicity  and  frugality, 
become  the  objects  of  ridicule  and  scorn,  and  vanity,  luxury, 
foppery,  sellishncss,  meanness,  and  downright  venality  swallow 
up  the  whole  society. 

NOVANGLUSi 


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ADDRESSED 

7  b  the  Inhabitants  of  the  Colony  of  Massachusetts  Bay^ 

February  13,  1775.  .i 

BIY  rniENDS, 

MAS8ACHUSETTENSIS,  whore  pen  can  wheedle  with 
(he  tonge  of  king  Richard  the  third,  in  his  first  paper,  threatens 
you  with  the  vengeance  of  Great  Britain,  and  assures  you  that 
if  she  had  no  authority  over  you,  yet  she  would  support  her 
claims  by  her  ileets  and  armies,  Canadians  and  Indians.  In  his 
next  he  alters  his  tone,  and  soothes  you  with  the  generosity,  jus- 
tice and  humanity  of  the  nation. 


k,^ 


35 


I  ahall  leave  him  to  show  how  a  nation  can  claim  an  authority 
which  they  have  not  by  ri^ht,  and  aupport  it  by  6re  and  sword, 
nnd  yet  be  g.:nerous  and  just.  The  nation  I  believe  is  not  vin^ 
dictive,  but  the  minister  has  discovered  himself  to  be  so,  in  a  de- 
gree that  would  disgrace  a  warrior  of  a  savage  tribe. 

The  wily  Massac husettensis  thinks  our  present  calamity  is  to 
be  attributed  to  the  bad  policy  of  a  popular  party,  whose  mea* 
sures,  whatever  their  intentions  were,  have  been  opposite  to 
their  profession,  the  public  good.  The  present  calamity  seems 
to  be  nothing  more  nor  less,  than  reviving  the  plans  of  Mr.  Ber- 
nard and  the  junto,  and  Mr.Grenville  and  his  tVicnds  in  1704.  Surely 
this  party,  are  and  have  been  rather  unpopular.  The  popular 
party  did  not  write  Bernard's  letters,  who  8o  long  ago  pressed  for 
the  demolition  of  all  the  charters  upon  th<;  continent,  and  a  par* 
liamentary  taxation  to  support  government,  and  the  administra- 
tion of  justice  in  America. 

The  popular  party  did  not  write  Oliver's  letters,  who  enforces 
Bernard's  plans,  nor  Hutchinson's,  who  pleads  with  all  his  elo- 
quence and  pathos  fof  parliamentary  penalties,  ministerial  ven- 
geance and  an  abridgement  of  English  liberties. 

There  is  not  in  human  nature  a  more  wonderful  phenomenon ; 
nor  in  the  whole  theory  of  it,  a  more  intricate  speculation  ;  than 
the  shiftings^  turnings^  "windingt  and  evasions  of  a  guilty  conscience. 
Such  is  our  unalterable  moral  constitution,  that  an  internal  incli- 
nation to  do  wrong,  is  criminal ;  and  a  wicked  thought,  stains  the 
mind  with  guilt,  and  makes  it  tingle  with  pain.  Hence  it  comes 
to  pass  that  the  guilty  mind,  can  never  bear  to  think  that  its  guilt 
is  known  to  God  or  man,  no,  nor  to  itself. 


-Cur  tamen  hos  tu 


Evasiase  putet,  quos  diri  conscia  facti 
Mens  Aabet  attonitos,  et  surdo  verbere  caedit 
Occultum  qiiatiente  animo  tortore  flagelluni  ? 
Pacna  autem  veheniens  ac  uiulto  saivior  illi% 
Quos  et  caeditius  gravis  invenit  aut  Rhadamunthus, 
Nocte  dieque  tuum  gestare  in  pectorc  testem. 

Jdv.  Sat.  13. 192. 

Massachusettensis  and  his  friends  the  tories,  are  startled  at  the 
calamities  they  have  brought  upon  their  country,  and  their  con- 
scious guilt,  their  smarting,  wounded  mind,  will  not  suffer  them 
to  confess,  even  to  themselves,  what  they  have  done.  Their  silly 
denials  of  their  own  share  in  it  before  a  people,  who  they  know 
have  abundant  evidence  against  them,  never  fail  to  remind  me 
of  an  ancient  fugitive^  whose  conscience  could  not  bear  the  re- 
collection of  what  he  had  done.  "  I  know  not,  am  I  my  brother's 
keeper  ?"  He  replies,  with  all  the  apparent  simplicity  of  truth 
and  innocence,  to  one  from  whom  he  was  very  sensible  his  g.uilt 
could  not  be  hid.  The  still  more  absurd  and  ridiculous  attempts 
of  the  tories,  to  throw  off  the  blame  of  these  calamities  from 
themselves  to  the  whigs,  remind  aae  of  another  ttory,  which  I 


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have  read  in  the  Old  Testament.  When  Joseph's  brethren  had 
sold  him  to  the  Ishmaelites  for  twenty  pieces  of  silver,  in  order 
to  conceal  their  own  avarice,  malice  and  envy,  they  dip  the  coat 
of  many  colours  in  the  blood  of  a  kid,  and  say  that  an  evil  beast 
had  rent  him  in  pieces  and  devoured  him. 

However,  what  the  sons  of  Israel  intended  for  ruin  to  Joseph, 
proved  the  salvation  of  the  family ;  and  I  hope  and  believe  that 
the  whigs,  will  have  the  magnanimity,  like  him,  to  suppress  their 
resentment,  and  the  felicity  of  saving  their  ungrateful  brothers. 

This  writer  has  a  faculty  of  insinuating  errors  into  the  mind, 
almost  imperceptibly,  he  dresses  them  so  in  the  guise  of  truth. 
He  says  "  that  the  revenue  to  the  crown,  from  America  amount- 
ed to  but  little  more  than  the  charges  of  collecting  it,"  at  the 
close  of  the  last  war.  I  believe  it  did  not  to  so  much.  The 
truth  is,  there  was  never  any  pretence  of  raising  a  revenue  in 
America  before  that  time,  and  when  the  claim  was  first  set  up,  it 
gave  an  alarm,  like  a  warlike  expedition  against  us.  True  it  is 
that  some  duties  had  been  laid  before  by  parliament,  under  pre- 
tence of  regulating  our  trade,  and  by  a  collusion  and  combination 
between  the  West  India  planters,  and  the  North  American  gover- 
nors, some  years  before,  duties  had  been  laid  upon  molasses,  &c. 
under  the  same  pretence,  but  in  reality  merely  to  advance  the 
value  of  the  estates  of  the  planters  in  the  West  India  Islands,  and 
to  put  some  plunder,  under  the  name  of  thirds  of  seisures  into 
the  pockets  of  the  governors.  But  these  duties,  though  more 
had  been  collected  in  this  province,  than  in  any  other  in  propor- 
tion, were  never  regularlj'  collected  in  any  of  the  Colonies.  So 
that  the  idea  of  an  American  revenue  for  one  puspose  or  another 
had  never,  at  this  time,  been  formed  in  American  minds. 

Our  writer  goes  on,  "She,  (Great  Britain,)  thought  it  as  reason- 
able that  the  Colonies  should  bear  a  part  of  the  national  burdens, 
as  that  they  should  share  in  the  national  benefit." 

Upon  this  subject  Americans  have  a  great  deal  to  say.  The  na- 
tional debt  before  the  last  war,  was  near  an  hundred  millions. 
Surely  America  had  no  share  in  running  into  that  debt.  What 
is  the  reason  then  that  she  should  pay  it  ?  But  a  small  part  of 
of  the  sixty  millions  spent  in  the  last  war,  was  for  her  benefit. 
Did  she  not  bear  her  full  share  of  the  burden  of  the  last  war 
in  America?  Pid  not  the  province  pay  twelve  shillings  in  the 
pound  in  taxes  for  the  support  of  it ;  and  send  a  sixth  or  seventh 
part  of  her  sons  into  actual  service  ?  And  at  the  conclusion  of 
tlie  war,  was  she  not  left  half  a  million  sterling  in  debt  ?  Did 
not  all  the  rest  of  New  England  exert  itself  in  proportion?  What 
is  the  reason  that  the  Massachusetts  has  paid  its  debt,  and  the 
British  minister  in  thirteen  years  of  peace  has  paid  none  of  his  ? 
Much  of  it  might  have  been  paid  in  this  time,  had  not  such  ex> 
travagance  and  speculation  prevailed,  as  ought  to  be  an  eternal 
warning  to  America,  never  to  trust  such  a  minister  with  her 
money.    What  is  the  reason  that  the  great  and  necessary  virtues 


37 


••"'■'a 


of  simplicity,   frugality  and  economy  cannot  lire   in    England, 
Scotland  and  Ireland,  as  well  as  America  ? 

We  have  much  more  to  say  still.     Great  Britain  has  confined 
all  0ur  trade  to  herself.     We  are  willing  she  should,  as  far  as  it 
can  be  for  the  good  of  the  empire.     But  we  say  that  we  ought  to 
be  allowed  as  credit,  in  the  account  of  public  burdens  and  ex- 
penses, so  much  paid  in  taxes,  as  we  are  obliged  to  sell  our  com- 
modities to  her  cheaper  than  we  could  get  for  them  at  foreign 
markets.     The  difference  is  really  a  tax  upon  us,  for  the  good 
of  the   empire.      We   are    obliged  to  take  from    Great    Brit- 
ain    commodities,     that     we    could    purchase    cheaper    else- 
where.     This  difference   is  a    tax    upon  us   for   the  good    of 
the  empire.     We  submit  to  this  cheerfully,  but  insist  that  we 
ought  to  have  credit  for  it,  in  the  account  of  the  expenses  of  the 
empire,  because  it  is  really  a  tax  upon  us.    Another  thing.  I  will 
venture  a  bold  assertion.     Let  Massachusettensis,  or  any  other 
friend  of  the  minister,  confute  me.    The  three  million  Americans, 
by  the  tax  aforesaid,   upon  what  they  are  obliged  to   export  to 
Great  Britain  only,  what  they  are  obliged  to  import  from  Great 
Britain  only,   and  the  quantities  of  British   manufactures  which 
in  these  climates  they  are  obliged  to  consume,  more  than   the 
like  number  of  people  in  any  part  of  the  three  kingdoms,  ulti- 
mately pay  more  of  the  taxes  and  duties  that  are  apparently  paid 
in  Great  Britain,   than   any   three  million  subjects  in   the  three 
kingdoms.     AJl  this   may  be  computed  and  reduced  to   stubborn 
figures,  by  the  minister,   if  he  pleases.     We  cannot  do  it.     We 
have  not  the  accounts,  records,  Sac.      Now  let  this   account  be 
fairly  stated,  and  1  will  engage  for  America,  upon  any  penalty, 
that  she  will  pay  the  overplus,  if  any,  in  her  own  constitutional 
way,  provided  it  is  to  be  applied  for  national  purposes,  as  paying 
off  the  national  debt,  maintaining  the  fleet,  &c.   not  to  the  sup- 
port of  a  standing  army  in  time  of  perce,  placemen,  pensioners.&c. 
Besides,  every  farthing  of  expense  which  has  been  incurred 
on  pretence  of  protecting,  defending  and  securing  America,  since 
the  last  war,  has  been  worse  than  thrown  away ;  it  has  been  ap- 
plied to  do   mischief.     Keeping  an  army  in  America  has  been 
nothing  but  a  public  nuisance. 

Furthermore,  we  see  that  all  the  public  money  that  is  raised 
here,  and  have  reason  to  believe  all  that  will  or  can  be  raised, 
will  be  applied  not  for  public  purposes,  national  or  provincial, 
but  merely  to  corrupt  the  sons  of  America,  and  create  a  faction 
to  destroy  its  interest  and  happiness. 

There  are  scarcely  three  sentences  together,  in  all  the  volumi- 
nous productions  of  this  plausible  writer,  which  do  not  convey 
some  error  in  fact  or  principle,  tinged  with  a  colouring  to  make 
it  pass  for  truth.  He  says,  ''the  idea,  that  the  stamps  were  a 
tax,  not  only  exceeding  our  proportion*  but  beyond  our  utmost 
ability  to  pay,  united  the  Colonies  generally  in  opposing  it." 
That  we  thought  it  beyond  our  proportion  and  ability  is  true,  but 


v.;-*?! 


■■If 


.'^.'  aL 


ili 

I    i 


';■:! 


;-"*.< 


I 


•A 


if: 


I  !|: 

ft'"''' 


[I';  '. 


i 


33 


it  Tvas  not  this  thonght  whichunited  the  Colonies  in  opposing  it. 
"When  he  says  that  at  first,  we  did  not  dream  of  denying  the  au- 
thority of  parliament  to  tax  us,  much  less  to  legislate  for  us, 
he  discovers  plainly  either  a  total  inattention  to  the  sentiments  of 
America  at  that  time,  or  a  disregard  of  what  he  affirms. 

The  truth  is,  the  authority  of  parliament  was  never  generally 
acknowledged  in  America,  More  than  a  century  since,  Mas- 
sachusetts and  Virginia,  both  protested  against  even  the  act  of 
navigation  and  refused  obedience,  for  this  very  reason,  because 
they  were  not  represented  in  parliament  and  were  therefore  not 
bound  ;  and  afterw  ards  confirmed  it  by  their  own  provincial  au- 
thority. And  fi  om  that  time  to  this,  the  general  sense  of  the 
Colonies  has  been,  that  the  authority  of  parliament  was  confined 
to  the  regulation  of  trade,  and  did  not  extend  to  taxation  or  in- 
ternal legislation. 

In  the  year  1764,  your  house  of  representatives  sent  home 
a  petition  to  the  king,* against  the  plan  of  taxing  them.  Mr. 
Hutchinson,  Oliver  and  their  relations  and  connections  were  then 
in  the  legislature,  and  had  great  influence  there.  It  was  by 
their  influence  that  the  two  houses  %vere  induced  to  ^ave  th* 
word  rights,  and  an  express  denial  of  the  right  of  parliament 
to  tax  us,  to  the  great  grief  and  distress  of  the  friends  of  liber- 
ty in  both  houses.  Mr.  Otis  and  Mr.  Thatcher  laboured  in  the 
committee  to  obtain  an  express  denial.  Mr.  Hutchinson  ex- 
pressly said  he  agreed  with  them  in  opinion,  that  parlia- 
ment had  no  right,  but  thought  it  ill  policy  to  express  this 
opinion  in  the  petition.  In  truth,  I  will  be  bold  to  say,  there 
was  not  any  member  of  either  house,  who  thought  that  par- 
liament had  such  a  right  at  that  time.  The  house  of  represen- 
tatives, at  that  time,  gave  their  approbation  to  Mr.  Otis's  rights 
of  the  Colonies,  in  which  it  was  shewn  to  be  inconsistent  with 
the  right  of  British  subjects  to  be  taxed,  but  by  their  own  repre- 
sentatives. 

In  1765,  our  house  expressly  resolved  against  the  right  of  par- 
liament to  tax  us.  The  congress  at  New  York  resolved  S. 
"  That  it  is  inseparably  essential  to  the  freedom  of  a  people, 
and  the  undoubted  right  of  Englishmen,  that  ud  tax  be  im- 
posed on  them,  but  with  their  own  consent  given  personally,  or 
by  their  representatives.  4.  That  the  people  of  the  Colonies  are 
not,  and  from  their  local  circumstances  cannot  be  represented  in 
the  house  of  commons  of  Great  Britain.  5.  That  the  only  re- 
presentatives of  the  ')eople  of  the  Colonies,  are  the  persons 
chosen  therein  by  themselves  ;  and  that  no  taxes  ever  have  been 
or  can  bo  constitutionally  imposed  on  them,  but  by  their  respec- 
tive legislatures."  Is  it  not  a  striking  disregard  to  truth  in  the 
artful  Massachusettensis  to  say,  that  at  first  we  did  not  dream  of 
denying  the  right  of  parliament  to  tax  us  ?  It  was  the  principle 
that  united  the  Colonies  to  oppose  it,  not  the  quantum  of  the  tax. 
Bid  not  Dr.  Franklin  deny  tie   right   in    1^54,  in  his  remarks 


upon  governor  Shirley^s  scheme,  and  supposed  that  al!  America 
would  deny  it  ?  We  had  considered  ourselves  as  connected  with 
Great  Britain,  but  we  never  thought  parliament  the  supreme 
legislature  over  us.  We  never  generally  supposed  it  to  havt* 
any  authority  over  us,  but  from  necessity,  and  that  necessity  we 
thought  confined  to  the  regulation  of  trade,  and  to  such  matters 
as  concerned  all  the  colonies  together.  We  never  allowed  them 
any  authority  in  our  internal  concerns. 

This  writer  says,  acts  of  parliament  for  regulating  our  inter> 
nal  polity  were  familiar.  This  I  deny.  So  far  otherwise, 
that  the  hatter's  act  was  never  regarded ;  the  act  to  des- 
troy the  Land  Bank  Scheme  raised  a  greater  ferment  in  this 
province,  than  the  stamp-act  did,  which  was  appeased  only  b-r 
passing  province  laws  directly  in  opposition  to  it.  The  act  against 
sUtting  mills,  and  tilt  hammers,  never  was  executed  here.  As  to 
the  postage,  it  was  so  useful  a  regulation,  so  few  persons  paid  it,  anu 
they  found  such  a  benefit  by  it,  that  little  opposition  was  made  to  it. 
Yet  every  man  who  thought  about  it  called  it  an  usurpation.  Du- 
ties for  regulating  trade  we  paid,  because  we  thought  it  just  and 
necessary  that  they  should  regulate  the  trade  which  their  power 
protected.  As  for  duties  for  a  revenue,  none  were  ever  laid  by 
parliament  for  that  purpose  until  1764,  when,  and  ever 
since,  its  authority  to  do  it  has  been  constantly  denied.  Nor  is 
this  complaisant  writer  near  the  truth,  when  he  says,  "  We  know 
that  in  all  those  acts  of  government,  the  good  ot  the  whole  had 
been  consulted."  On  the  contrary,  we  know  that  the  private  in- 
terest of  provincial  governors  and  West  India  planters,  had  been 
consulted  in  the  duties  on  foreign  molasses,  &c.  and  the  private 
interest  of  a  few  Portugal  merchants,  in  obliging  us  to  touch  at 
Falmouth  with  fruit,  &c.  in  opposition  to  the  good  of  the  whole, 
and  in  many  other  instances. 

The  resolves  of  the  house  of  Burgesses  of  Virginia,  upon  the 
stamp  act,  did  great  honor  to  that  province,  and  to  the  eminent 
patriot  Patrick  Henry,  Esq.  who  composed  them.  But  these  re- 
solves made  no  alteration  in  the  opinion  of  the  Colonies,  con- 
cerning the  right  of  parliament  to  make  that  act.  They  expres- 
sed the  universal  opinion  of  the  continent  at  that  time,  and  the 
alacrity  with  which  every  other  Colony,  and  the  congress  at 
New  York,  adopted  the  same  sentiment  in  similar  resolves, 
proves  the  entire  union  of  the  Colonies  in  it,  and  their  universal 
determination  to  avow  and  support  it. 

What  follows  here,  that  it  became  so  popular  that  his  life  was 
in  danger,  who  suggested  the  contrary,  and  tliat  the  press  was 
open  to  one  side  only,  are  direct  misrepresent.itions  and  wicked 
calumnies. 

Then  we  are  told,  by  this  sincere  writer,  tliat  when  we  ob- 
tained a  partial  repeal  of  the  si  itute  imposing  duties  on  glass,  pa- 
per, and  teas,  this  was  the  lucky  mou-jnt,  when  to  have  clostMl 
the  dispute.     What  ?  With  a  Board  of  commissioners  remaining 


1  "■  f 


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40 


■'■,"]■ 

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ill  '< 


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■■ 

I 


the  sole  eni!  of  whose  creation  was  to  for-m  and  conduct  a  /ere* 
nue — with  an  act  of  parliament  remaining,  the  professed  design  of 
which  expressed  in  the  preamble,  was  to  raise  a  revenue,  and  ap- 
propriate it  to  the  payment  of  governors'  and  judges'  salaries,  the 
duty  remainin,'if  too  upon  an  article^  which  must  raise  a  large 
sum,  the  consumption  of  which  would  constantly  increase  ?  Was 
this  a  time  to  retreat  ?  Let  me  ask  this  sincere  writer  a  simple 
question.  Docs  he  seriously  believe  that  the  designs  of  impos- 
ing other  taxes,  and  of  new  modelling  out*  governments,  would 
have  been  laid  aside,  by  the  ministry  or  by  the  servants  of  the 
crown  here  ?  Does  he  think  that  Mr.  Bernard,  Mr.  Hutchinson, 
the  commissioners  and  others,  would  have  been  content  then  to 
have  desisted?  If  he  really  thinks  so,  he  knows  ittle  of  the  hu- 
man heart,  and  still  less  of  those  gentlemen's  hearts.  It  was  at 
this  very  time  that  the  salary  was  given  to  the  governor,  and  an 
order  solici(ing  for  that  to  the  judges. 

Then  we  are  entertained  with  a  great  deal  of  ingenious  talk 
about  whigs  and  tories,  and  at  last  are  told  that  some  of  the  vvhigs 
owed  all  their  importance  to  popularity.  And  what  then  ?  Did 
not  as  many  of  the  tories  owe  their  importance  to  popularity  ? — 
And  did  not  many  more  owe  all  their  importance  to  unpopulari- 
ty ?  If  it  had  not  been  for  their  taking  an  active  part  on  the 
«i(le  of  the  ministry,  would  not  some  of  the  most  conspicuous  and 
eminent  of  them  have  been  unimportant  enough  ?  Indeed, 
through  the  two  last  administrations  to  despise  and  hate  the  peo- 
ple, and  to  be  despised  and  hated  by  ihem  were  the  principal  re- 
ommendations  to  the  favours  of  government,  and  all  the  qualiti- 
ojition  that  was  required. 

The  tories,  says  he,  were  for  closing  the  controversy.  That 
is,  they  were  for  contending  no  more,  and  it  was  equally  true 
that  they  never  were  for  contending  at  all,  but  lying  at  mercy. 
It  was  the  very  end  they  had  aimed  at  from  the  beginning. 
They  had  now  got  the  governor's  salary  out  of  the  revenue — a 
number  of  pensions  and  places,  and  they  knew  they  could  at  any 
time  get  the  judges'  salaries  from  the  same  fountain,  and  they 
Avanted  to  get  the  people  reconciled  and  familiarised  to  this,  be- 
fore they  went  upon  any  new  projects. 

The  whigs  were  averse  to  restoring  government,  they  even 
refused  to  revive  a  temporary  riot  act,  which  expired  about  this 
time.  Government  had  as  much  vigour  then  as  ever,  excepting 
only  ill  those  cases  which  affected  this  dispute.  The  riot  act  ex- 
pired in  1770,  immediately  after  the  massacre  in  King  Street, 
it  was  not  revived  and  never  will  be  in  this  Colony,  nor  will  any 
one  ever  be  made  in  any  other,  while  a  standing  army  is  illegally 
posted  here,  to  butcher  the  people,  whenever  a  governor,  or  a 
magistrate,  who  may  be  a  tool,  shall  order  it.  "Perhaps  the  whigs 
thought  that  mobs  were  a  necessary  ingredient  in  their  system 
of  opposition."  Whether  they  did  or  no,  it  is  certain  that  mobs 
have  been  thought  a  necessary  ingredient  by  the  tories  in  their 
system  of  admiiiislration,  mobs  of  the  vvorst  sort  with  red  coats, 


I': 


'V 


j''~ 


41 


fuzees  and  bayonets,  and  the  lives  and  limbs  of  the  whigs  have 
been  in  greater  danger  from  these,  than  ever  the  tories  were 
from  others. 

"  The  scheme  of  the  whigs  flattered  the  people  with  the  idea 
of  independence ;  the  tcries'  plan  supposed  a  degree  of  subordina- 
tion." This  is  artful  enough^  as  usual,  not  to  say  Jesuitical.  The 
word  independence  is  one  of  those,  which  this  writer  uses,  as  he 
does  treason  and  rebellion,  to  impose  upon  the  undistinguishing  on 
both  sides  of  the  Atlantic.  But  let  us  take  him  to  pieces.  What 
does  he  mean  by  independence  ?  Does  he  mean  independent 
of  the  crown  of  Great  Britain,  and  an  independent  republic  in 
America,  or  a  confederation  of  independent  republics  ?  No  doubt 
he  intended  the  undistinguishing  should  understand  him  so.  If  he 
did ;  nothing  can  be  more  wicked,  or  a  greater  slander  on  thd 
whigs ;  because  he  knows  there  is  not  a  man  in  the  province, 
among  the  whigs,  nor  ever  was,  who  harbours  a  wish  of  that  sort. 
Does  he  mean  that  the  people  were  flattered  with  the  idea  of  to- 
tal independence  on  parliament  ?  If  he  does,  this  is  equally  mali- 
cious and  injurious ;  because  he  knows  that  the  equity  and  neces- 
sity of  parliament's  regulating  trade  has  always  been  acknowl- 
edged, our  determination  to  consent  and  submit  tc  such  regula- 
tions constantly  expressed,  and  all  the  acts  of  trade  in  fact,  to  this 
very  day,  much  more  submitted  to  and  strictly  executed  in  this 
province,  than  any  other  in  America. 

There  is  equal  ambiguity  in  the  words  *'  degree  of  subordi- 
nation." The  whigs  acknowledge  a  subordination  to  the  king, 
in  as  strict  and  strong  a  sense  as  the  tories.  The  whigs  acknow- 
ledge a  voluntary  subordination  to  parliament,  as  far  as  the  regu- 
lation of  trade.  What  degree  of  subordination  then  do  the  tories 
acknowledge  ?  An  absolute  dependance  upon  parliament  as  their 
supreme  legislative,  in  all  cases  whsitever,  in  their  internal  poli- 
ty as  well  as  taxation  ?  This  would  be  too  gross  and  would  lose 
him  all  his  readers ;  for  there  is  nobody  here  who  will  expose 
his  understanding  so  much,  as  explicitly  to  adopt  such  a  sentiment. 
Yet  it  is  such  an  absolute  dependance  and  submission,  that 
these  writers  would  persuade  us  to,  or  else  there  is  no  need  of 
changing  our  sentiments  and  conduct.  Why  will  not  these  gen- 
tlemen speak  out,  shew  us  plainly  their  opinion  that  the  new  gov- 
ernment, they  have  fabricated  for  this  pro\'ice,  is  better  than 
the  old,  and  that  all  the  other  measures,  we  complain  of,  are  for 
our  and  the  public  good,  and  exhort  us  directly  to  submit  to  them  ? 
The  reason  is,  because  they  know  they  should  lose  their  readers. 

"  The  whigs  were  sensible  that  tlu;re  was  no  oppression  that 
eould  be  seen  or  felt."  The  tories  have  so  often  said  and  wrote 
this  to  one  another,  that  I  sometimes  suspect  they  believe  it  to  be 
true.  But  it  is  quite  otherwise.  The  castle  of  the  province  was 
taken  out  of  their  hand  and  garrisoned  by  roi-ulir  soldiers:  this 
they  could  see,  and  they  thought  it  indicated  an  hostile  int'^r.tion 
and  disposition  towards  them.  They  continuallv  paid  their  money 
6 


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i  Jf: 


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M 


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m 

m 

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B 


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42 


fo  collectors  of  duties :  this  they  couW  both  see  and  feel.  Aii 
host  of  placemen,  whose  whole  business  it  was  to  collect  a  reve- 
nue, were  continually  rolling  before  them  in  their  chariots. 
These  they  saw.  Their  governor  »^as  no  longer  paid  by  them- 
selves, according  to  their  charter,  but  out  of  the  new  revenue, 
in  order  to  render  their  assemblies  useles.s  and  indeed  cotempti- 
bio.  The  judges'  salaries  were  threatened  every  day  to  be  paid 
in  the  same  unconstitutional  manner.  The  dullest  eye-sight 
could  not  but  sec  to  what  all  this  tended,  viz.  ;  to  prepare  the  way 
for  greater  innovations  and  oppressions.  They  knew  a  minister 
would  never  spend  his  money  in  this  way,  if  he  had  not  some 
end  to  answer  by  it.  Another  thing  they  both  saw  and  felt. 
Every  man,  of  every  cliaracter,  who  by  Voting,  writing,  speaking, 
or  otherwise,  had  favoured  the  stamp  act,  the  tea  act,  and  every 
other  measure  of  a  minister  or  governor,  who  they  knew  was  aim- 
ing at  tl»c  destruction  of  their  form  of  government,  and  introducing 
parliamentary  taxation,  was  uniformly,  in  some  department  or 
other,  promoted  to  some  place  of  honour  or  profit  for  ten  years 
together :  and,  on  the  other  hand,  every  man  who  favoured  the 
people  in  their  opposition  to  those  innovations,  was  depressed, 
degraded  and  persecuted,  as  far  as  it  wo.s  in  the  power  of  the  gov- 
ernment to  do  it. 

This  they  considered  as  a  systematical  means  of  encouraging 
every  man  of  abilities  to  espouse  the  cause  of  parliamentary  tax- 
ation, and  the  plan  of  destroying  their  charter  privilege,  find  to 
discourage  all  from  exerting  themselves,  in  opposition  to  them. 
This  they  thought  a  plan  to  enslave  them,  for  they  uniformly 
think  that  the  destruction  of  their  charter,  making  the  council 
and  judges  wholly  dependant  on  the  crown,  and  the  people  sub- 
ject to  the  unlimited  power  of  parliament,  as  their  supreme  legis- 
lative, is  slavery.  They  were  certainly  rightly  told,  then,  that 
the  ministry  and  their  governors  together  had  formed  a  design 
to  enslave  them  ;  and  that  when  once  this  was  done,  they  had  the 
highest  reason  to  expect  window  taxes,  hearth  taxes,  land  taxes 
and  all  others  :  and  that  these  were  only  paving  the  way  for 
reducing  the  country  to  lordships.  Were  the  people  mistaken  in 
these  suspicions  ?  Is  it  not  now  certain  that  governor  Bernard  in 
1764,  had  formed  a  design  of  this  sort  ?  Read  his  principles  of 
polity — And  that  lieutenant  governor  Oliver  as  late  as  1768  or  9, 
inforced  the  same  plan  ?    Read  his  letters. 

Now  if  Maseachusettensis  will  be  ingenuous,  avow  this  design, 
8hew  the  people  its  utility,  and  that  it  ought  to  be  done  by  par- 
liament, he  will  act  the  part  of  an  honest  man.  But  to  insinuate 
that  there  was  no  such  pljxn,  when  he  knows  there  was,  is  acting 
the  part  of  one  of  the  junto. 

It  is  true  that  the  people  of  this  country  in  general,  and  of  this 
province  in  special,  have  an  hereditary  apprehension  of  and 
aversion  to  lordships,  temporal  and  spiritual.  Their  ancestors 
fled  to  this  wilderness  to  avoid  them— they  suffered  sufficiently 


43 


'"'M 

':i^: 


under  them  in  England.     And  there  are  few  of  the  present  gen- 
eration, who  have  not  been  warned  of  the  danger  of  them  by  their 
fathers  or  grandfathers,  and  injoined  to  oppose  them.    And  neith- 
er Bernard  nor  Oliver  ever  dared  to  avow,  before  them,  the  de- 
signs which  they  had  certainly  formed  to  introduce  them.     Nor 
does  Massachusettensis  dare  to  avow  his  opinion  in  their  favour. 
I  do  not  mean  that  such  avowal  would  expose  their  persons  to 
danger,  but  their  characters  and  writings  to  universal  contempt. 
When  you  were  told  that  the  people  of  England  were  deprav- 
ed, the  parliament  venal,  and  the  ministry  corrupt,  were  you  not 
told  most  melancholy  truths  ?  Will  Massachusettensis  deny  any  of 
them?  Does  not  every  man,  who  comes  from  England,  whig  or  tory, 
tell  you  the  same  thing  ?    Do  they  make  any  secret  of  it,  or  use 
any  delicacy  about  it  ?  Do  they  not  most  of  them  avow  that  cor- 
ruption is  so  established  there,  as  to  be  incurable,  and  a  necessa- 
ry instrument  of  government  ?    Is  not  the  British  constitution  ar- 
rived nearly  to  that  point,  where  the  Roman  republic  was,  when 
Jugurtha  left  it,  and  pronounced  it  a  venal  city  ripe  for  destruction, 
if  it  can  only  lind  a  purchaser  ?     If  Massachusettensis  can  prove 
that  it  is  not,  he  will  remove  from  my  mind,  one  of  the  heaviest 
loads  which  lies  upon  it. 

Who  has  censured  the  tories  for  remissness,  I  know  not.  Who- 
ever it  was,  he  did  them  great  injustice.  Every  one  that  I  know 
of  that  character  has  been  through  the  whole  tempestuous  period, 
as  indefatigable  as  human  nature  will  admit,  going  about  seeking 
whom  he  might  devour,  making  u?e  of  art,  flattery,  terror,  temp- 
tation and  allurements  in  every  shape,  in  which  human  wit  could 
dress  it  up,  in  public  and  private.  But  all  to  no  purpose.  The 
people  have  grown  more  and  more  weary  of  them  every  day, 
until  now  the  land  mourns  under  them. 

Massachusettensis  is  then  seized  with  a  violent  fit  of  anger  at 
the  clergy.  It  is  curious  to  observe  the  conduct  of  the  tories 
towards  this  sacred  body.  If  a  clergyman  preaches  against  the 
principles  of  the  revolution,  and  tells  the  people  that  upon  pain 
of  damnation,  they  must  submit  to  an  established  government,  of 
whatever  character  the  tories  cry  him  up,  as  an  excellent  man, 
and  a  wonderful  preacher,  invite  him  to  their  tables,  procure  him 
missions  from  the  society,  and  chaplainships  to  the  navy,  and  flat- 
ter him  with  the  hopes  of  lawn  sleeves.  But  if  a  clergyman 
preaches  Christianity,  and  tells  the  magistrates  that  they  were  not 
distinguished  from  their  brethren,  for  their  private  emolument, 
but  for  the  good  of  the  people  ;  that  the  people  are  bound  in  con- 
science to  obey  a  good  government,  but  are  not  bound  to  submit 
to  one,  that  aims  at  destroying  all  the  ends  of  government — Oh 
Sedition  !    Treason  ! 

The  clergy  in  all  iiges  and  countries,  and  in  this  in  particular, 
are  disposed  enough  to  be  on  the  side  of  government,  as  long  as 
it  is  tolerable.  If  they  have  not  been  generally,  in  the  late  ad- 
ministrations, on  that  side,  it  is  a  demonstration  that  the  late  ad- 
ministration has  been  universally  odious. 


tui 


k-^ 


r !      V  \-i 


'm.     I 


•m 


■:  11 


:1 


1 1 

m 
h 
/III 


iE^  t 


44 


The  clergy  of  this  province  are  a  virtuous,  sensible  and  learn- 
ed set  of  men ;  and  they  do  not  take  their  sermons  from  newspapers, 
hut  the  bible ;  unless  it  be  a  few,  who  preach  passive  obedience. 
These  are  not  generally  curious  enough  to  read  Hobbs. 

It  is  the  duty  of  the  clergy  to  accommodate  their  discourses  to 
the  times,  to  preach  against  such  sins,  as  are  most  prevalent,  and 
recommend  such  virtues,  as  are  most  wanted.  For  example  ;  if 
exorbitant  ambition,  and  venality  acp  predominant,  ought  they 
not  to  warn  their  hearers  against  tlifir  vices  ?  If  public  spirit  is 
much  wanted,  should  they  not  incuTcate  this  great  virtue  ?  If 
the  rights  and  duties  of  christian  magistrates  and  subjects  are  dis- 
puted, should  they  not  explain  them,  shew  their  nature,  ends, 
limitations  and  restrictions,  how  much  soever  it  may  move  the 
gall  of  Massachusettensis  ? 

Let  me  put  a  supposition  : — Justice  is  a  great  christian,  as  well 
as  moral  duty  and  virtue,  which  the  clergy  ought  to  inculcate 
and  explain.  Suppose  a  great  man  of  a  parish  should  for  seven 
years  together  receive  600  sterling  a  year,  for  discharging  the 
duties  oi  an  important  office  ;  but  during  the  whole  time,  should 
never  do  one  act  or  take  one  step  about  it.  Would  not  this  be 
great  injustice  to  the  public  ?  And  ought  not  the  parson  of  that 
parish  to  cry  aloud  and  spare  not,  and  shew  such  a  bold  trans- 
gressor his  sin  ?  shew  that  Justice  was  due  to  the  public  as  well 
as  to  an  individual  ?  and  that  cheating  the  public  of  four  thousand 
two  hundred  pounds  sterling,  is  at  least  as  great  a  sin,  as  taking  a 
chicken  from  a  private  hen  roost,  or  perhaps  a  watch  from  a  fob  ? 

Then  we  are  told  that  newspapers  and  preachers  have  excit- 
ed outrages  disgraceful  to  humanity.  Upon  this  subject  I  will 
venture  to  say,  that  there  have  been  outrages  in  this  province, 
which  I  neither  justify,  excuse  or  extenuate  ;  but  these  were  not 
excited,  that  1  know  of,  by  newspapers  or  sermons  :  that  how- 
ever, if  we  run  through  the  last  ten  years,  and  consider  all  the 
tumults  and  outrages  that  have  happened,  and  at  the  same  time 
recollect  the  insults,  provocations  and  oppressions  which  this 
people  have  endured ;  we  shall  find  the  two  characteristics  of 
this  people,  religion  and  humanity,  'strongly  marked  on  all  their 
proceedings.  Not  a  life,  nor,  that  I  have  ever  heard,  a  single  limb 
has  been  lost  through  the  whole.  1  willtake  upon  me  to  say, 
there  is  aot  another  province  on  this  continent,  nor  in  his  majes- 
ty's dominions,  where  the  people,  under  the  same  indignities, 
would  not  have  gone  greater  lengths.  Consider  the  tumults  in 
the  three  kingdoms,  consider  the  tumults  in  ancient  Rome,  in 
the  most  virtuous  of  her  periods,  and  compare  them  with 
ours.  It  is  a  saying  of  Machiavel,  which  no  wise  man  ever 
contradicted,  which  has  been  literally  verilied  in  this  province ; 
that  "  while  this  mass  of  the  people  is  not  corrupted,  tumults 
do  no  hurt."  By  which  he  means,  that  they  leave  no  lasting  ill 
eflects  behind. 

But  let  us  consider  the  outrages  committed  by  the  tories.  Half 
a  dozen  men  shot  dead  in  an  instant,, in  King  Street,  frequent  re- 


45 


f 


vistance  and  affronts  to  civil  officers  and  magistrates,  officert*, 
watchmen,  citizens,  cut  and  mangle  in  a  most  inhuman  manner. 
Not  to  mention  the  shootings  for  desertion,  and  the  frequent  cru- 
el whippings  for  other  faults,  cutting  and  mangling  men's  bo- 
dies  before  the  eyes  of  citizens  ;  spectacles  which  ought  never 
to  be  introduced  into  populous  places.  The  worst  sort  of  tu- 
mults and  outrages,  ever  committed  in  this  province,  were  excit- 
ed by  the  tories.     But  more  of  this  hereafter. 

We  are  then  told  that  the  whigs  erected  a  provincial  dcmocr 
racy,  or  republic,  in  the  province.  1  wish  Massachusettensis 
knew  what  a  democracy,  or  republic  is.  But  this  subject  must 
be  considered  another  time. 

NOVANGLUS. 

Messieurs  Printen.  Instead  of  Cateings  of  Cormoranti,  in  a  former  paper, 
you  hav^  priuted  Cooings^  too  dove-like  a  word  for  the  birds  intended. 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bay, 

February  20, 1775. 

MY    FRIENDS, 

WE  are  at  length  arrived  at  the  paper,  on  which  I  made 
a  few  strictures,  some  weeks  ago  :  these  I  shall  not  irepeat,  but 
proceed  to  consider  the  other  part  of  it. 

We  are  told,  "  It  is  an  universal  truth,  that  he  that  would  ex- 
cite a  rebellion,  is  at  heart,  as  great  a  tyrant,  as  ever  wielded  the 
iron  rod  of  oppression."  Be  it  so.  We  are  not  exciting  a  rebel- 
lion. Opposition,  nay  open,  avowed  resistance  by  arms,  against 
usurpation  and  lawless  violence,  is  not  rebellion  by  the  law  of 
God,  or  the  land.  Resistance  to  lawful  authority  makes  re- 
bellion. Hampden,  Russell,  Sydney,  Somers,  Holt,  Tillotson, 
Burnet,  Hoadly,  &c.  were  no  tyrants  nor  rebels,  although  some 
of  them  were  in  arms,  and  the  others  undoubtedly  excited  resist- 
ance, against  the  to.^ies.  Do  not  beg  the  question,  Mr.  Massa- 
chusettensis, and  then  give  yourself  airs  of  triumph.  Remem- 
ber the  frank  Veteran  acknowledges,  that  "•  the  word  rebel  is  a 
convertible  term." 

This  writer  next  attempts  to  trace  the  spirit  of  opposition 
through  the  general  court,  and  the  courts  of  common  law.  "  It 
was  the  policy  of  the  whigs,  to  have  their  questions,  upon  high 
matters,  determined  by  yea  and  nay  votes,  which  were  published 


■'■r  m 


m 


r'.ia 


46 


l';il 


'i  w  t 


■   1 


y": 


111!' 


■i> 


I'l;;  ' 


•in  the  ^azcttcs."  And  ought  not  grefrt  quMtions  to  be  so  deter- 
mined ?  lu  many  other  assemblies,  New  York  particularly,  they 
aluays  are.  What  better  can  be  devised  to  discover  thp  true 
senstf  of  the  people  ?  It  is  extremely  provokinnf  to  courtiers,  that 
thoy  cannot  vote,  as  the  cabinet  direct  them,  against  their  con- 
sciences, the  known  sense  of  their  constituents,  and  the  obvious 
good  of  the  community,  without  being  detected.  Gei.erally,  per- 
haps universally,  no  unpopular  measure  in  a  free  government, 
particularly  the  English,  ought  ever  to  pass.  Why  have  the 
people  a  share  in  the  legislature,  but  to  prevent  such  measure* 
from  passing,  I  mean  such  as  are  disapproved  by  the  people  at 
large  ?  Kut  did  not  these  yea  and  nay  votes  expose  the  whigs,  as 
well  as  toriep,  to  the  impartial  judgment  of  the  public?  If  the 
votes  of  the  former  ivcre  given  for  measures  injurious  to  the  com- 
munity, had  not  the  latter  an  equal  opportunity  of  improving  them 
to  the  disadvantage  of  their  adversaries  in  the  next  election?  Be- 
sides, were  not  those  few  persons  in  the  house,  who  generally 
voted  for  unpopular  measures,  near  the  governor,  in  possession  of 
his  confidence  ?  Had  they  not  the  absolute  disposal  in  their  towns 
and  counties  of  the  favour  of  government  ?  Were  not  all  the 
judges,  justices,  sheriffs,  coroners  and  military  officers  in  their 
towns,  made  upon  their  recommendation  ?  Did  not  this  give 
them  a  prodigious  weight  and  influence  ?  Had  the  whigs  any 
such  advantage  ?  And  does  not  the  influence  of  these  yea 
and  nay  votes,  consequently  prove  to  a  demonstration,  the 
unanimity  of  the  people,  against  the  measures  of  the  court? 

As  to  what  is  said  of  "  severe  strictures,  illiberal  invectives, 
abuse  and  scurrility,  upon  the  dissentients,"  there  was  quite  as 
much  of  all  these  published  against  the  leading  whigs.  In  truth, 
the  strictures,  &:c.  against  the  tories  were  generally  nothing 
more,  than  hints  at '  the  particular  place  or  office,  which  was 
known  to  be  the  temptation  to  vote  against  the  country.  That 
"  the  dissentient  was  in  danger  of  losing  his  bread  and  involving 
his  family  in  ruin,"  is  equally  injurious.  Not  an  instance  can  be 
produced  of  a  nioniber  losing  his  bread,  or  injuring  his  business, 
by  voting  for  unpopular  measures.  On  the  contrary  such  voters 
never  failed  to  obtain  some  lucrative  employment,  title,  or  honor- 
ary office,  as  a  reward  from  the  court. 

If  "one  set  of  members  in  committee  had  always  prepared 
the  resolves',"  &:.c.  which  they  did  not ;  what  would  this  prove, 
but  that  this  set  was  thought  by  the  house  the  fittest  for  the  pur- 
pose ?  Can  it  ever  be  otherwise  ?  Will  any  popular  assembly 
choose  its  worst  members  for  the  best  services?  Will  an  assem- 
bly of  patriots  choose  courtiers  to  prepare  votes  against  the  courtP 
No  resolves  against  tlie  claims  of  parliament  or  administration, 
or  the  measures  of  the  governor,  (excepting  those  against  the 
stamp  act,  and  perhaps  the  answers  to  governor  Hutchinson's 
speeches  upon  the  supremacy  of  parliament)  ever  passed  through 


fill}  house,  without  meeting  an  obstacle. 


The  governor  had  to 


ml 


» 

i    ■ 


^ 


the  last  hour  of  the  house^s  existence,  always  some  seekers  iitui 
expectants  in  the  house,  who  never  failed  to  oppose,  and  oWcr 
the  best  arguments  they  cotild ;  and  were  always  patiently  heard  . 
that  the  lips  of  the  dissentients  were  sealed  up  ;  that  they  sat  iu 
silence,  and  beh'?ld  with  regret,  measures  they  dared  not  op- 
pose, are  groundless  suggestions  and  gross  rellections  upon  th>> 
honour  and  courage  of  those  members.  The  debates  of  thi;: 
houpe  were  public,  and  every  man,  who  has  attended  the  gallerv, 
knows  there  never  was  more  freedom  of  debate  in  any  assembly. 
Mjissachusettensis,  in  the  next  place,  conducts  us  to  the  agent, 
and  tell  us  "  there  can  not  be  a  provincial  agent  without  an  ap- 
pointment by  the  three  branches  of  the  assembly.  The  wh\^!> 
soon  found  that  they  could  not  have  such  services  rendered  them, 
from  a  provincial  agent  as  would  answer  their  purposes." 

The  treatment  this  province  has  received,  respecting  the  agen- 
cy, since  Mr.  Hutchinson's  administration  commenced,  is  a  flagrant, 
example  of  injustice.  There  is  no  law,  which  requires  the 
province  to  maintain  any  agent  in  England  ;  much  less  is  there 
any  reason,  which  necessarily  requires,  that  the  three  branched 
should  join  in  the  appointment.  In  ordinary  times,  indeed,  when  a 
harmony  prevails  among  the  branches,  it  is  well  enough  to  have 
an  ag^nt  constituted  by  all.  But  in  times  when  the  foundations  of 
the  constitution  are  disputed,  and  certainly  attacked  by  one 
branch  or  the  other,  to  pretend  that  the  house  ought  to  join 
the  governor  in  the  choice,  is  a  palpable  absurdity.  It  is  equiv- 
alent to  saying  that  the  people  shall  have  no  agent  at  all ;  that 
all  communication  shall  be  cut  off;  and  that  there  shall  be  no 
channel,  through  which  complaints  and  petitions  may  be  convey- 
ed to  the  royal  ear;  because  a  governor  will  not  concur  iu  an 
agent  whose  sentiments  are  not  like  his ;  nor  will  an  agent  of 
the  governoi's  appointment  be  likely  to  urge  accusations  against 
them,  with  any  diligence  or  zeal,  if  the  people  have  occasion 
to  complain  against  him. 

Every  private  citizen,  much  more,  every  representative  body, 

has  an  undoubted  right  to  petition    the  king,    to  convey   such 

petition  by  an  agent,  and  to  pay  him  for  his  service.     I\ir.  l>or- 

nard,  to  do  him  justice,  had  so  much  regard  to  these  principles, 

as  to  consent  to  the  payment  of  the  people's  agents,  while  h'^. 

staid.     But  Mr.  Hutchinson  was  scarcely  seated  in  the  chair,  a,« 

lieutenant  governor,  before  we  had  intelligence  from  Kngland, 

that  my  lord  Hillsborough  toll  Dr.  Franklin,  he  had  received  a 

letter  from  governor  Hutchin6()n  against  consenting  to  the  salary 

of  the  agent.     Such  an  instruction   was  accordingly  soon  sont, 

and  no  agent  for  the  board  or  house,  has  received  a  farthing 

for  services,  since  that  time,  though  Dr.  Franklin  and  Mr.  Bollan 

have  taken  much  pains,  and  one  of  them  expended  considerable 

sums  of  money.     There  is  a  meanness  in  this  play  that  would 

disgrace  a  gambler  ;    a  manifest  fear  that  the  truth  should  be 

known  to  the    sovereign  or  the  people.     Many  persons  hare 


i^-t^ 


"■'  -u 


V 

I. 

^      ■  . 


-  t ; 


I 


iif 


It..     >  ' 

1!' 


N 


t     Ml 
■Iff 


48 


thought  that  the  province  ought  to  have  dismissed  all  agents 
from  that  time,  as  useless  and  nugatory  ;  this  behaviour  amount- 
ing to  n  declaration,  that  we  had  no  chance  or  hopes  of  justice 
from  a  minister. 

But  this  province,  at  least  as  meritorious  as  any,  has  been  long 
accustomed  to  indignities  and  injustice,  and  to  bear  both  with  un- 
paralleled patience.  Others,  have  pursued  the  same  method  be- 
fore and  since  ;  but  we  have  never  heard  that  their  .igcnts  are  un- 
paid. They  would  scarcely  have  borne  it  with  so  much  resignation. 

It  is  great  assurance  to  blame  the  house  for  this,  which  was 
both  their  right  and  duty  ;  but  a  stain  in  the  character  of  his 
patron,  which  will  not  be  soon  worn  out.  Indeed  this  passage 
seems  to  have  been  brought  in,  chiefly  for  the  sake  of  a  stroke  or 
two,  addressed  to  the  lowest  and  meanest  of  the  people  ;  I  mean 
the  insinuation  that  the  two  agents  doubled  the  expence,  which  is 
as  groundless  as  it  is  contracted  ;  and  that  the  ostensible  agent 
for  the  province  was  only  agent  for  a  few  individuals,  that  had 
got  the  art  of  wielding  the  house  ;  and  that  several  hundred  ster- 
ling a  year,  for  attending  levees  and  writing  letters,  were  worth 
preserving.  We,  my  friends,  know  that  no  members  have  the 
art  of  wielding  us  or  our  house,  but  by  concurring  in  our  princi- 
ples, and  assisting  us  in  our  designs.  Numbers  in  both  houses 
have  turned  about  and  expected  to  wield  us  round  with  them  ; 
but  they  have  been  disappointed,  and  ever  will  be.  Such  apos- 
tates have  never  yet  failed  of  our  utter  contempt,  whatever  titles, 
places  or  pensions  they  might  obtain. 

The  agent  has  never  echoed  back,  or  transmitted  to  America, 
any  sentiments,  which  he  did  not  give  in  substance  to  governor 
Shirley,  twenty  years  ago  ;  and  therefore  this  insinuation  is  but 
another  slander.  The  remainder  of  what  is  said  of  the  agency 
is  levelled  at  Dr.  Franklin,  and  is  but  a  dull  appendix  to  Wedder- 
burn's  ribaldry,  having  all  his  malice  without  any  of  his  wit  or 
spirit.  Nero  murdered  Seneca,  that  he  might  pull  up  virtue  by 
the  roots  ;  and  the  same  maxim  governs  the  scribblers  and  speech- 
itiers,  on  the  side  of  the  minister.  It  is  sufficient  to  discover  that 
any  man  has  abilities  and  integrity,  a  love  of  virtue  and  liberty ; 
he  must  be  run  down  at  all  events.  Witness  Pitt  and  Franklin 
and  too  many  others. 

My  design  in  pursuing  this  malicious  slanderer,  concealed  as  he 
is,  under  so  soft  and  oily  an  appearance,  through  all  the  doublings 
of  his  tedious  course,  is  to  vindicate  this  Colony  from  his  base  as- 
persions ;  that  strangers  now  among  us  and  the  impartial  public 
may  see  the  wicked  arts,  which  are  still  employed  against  us. 
After  the  vilest  abuse  upon  the  agent  of  the  province  and  the 
house,  that  appointed  him,  we  are  brought  to  his  jnajesty's  coun- 
cil, and  are  told  that  the  "  whigs  reminded  them  cf  their  mortal- 
ity— If  any  one  opposed  the  violent  measures,  he  lost  his  election 
next  May.  }Ialf  the  whole  number,  mostly  men  of  the  first  fami- 
lies, note,  abilities,  attached  to  their  native  country,  wealthy  and 


49 


independent,  were  tunil>U;d  from  their  seats  in  disiyrnce.     Thus 
the  hoard  Inst  itH  woiu'ht,aiid  the  jto'itirrti  l>al:irice  was  destroyed." 

It  is  iinpossihle  Tor  any  man  ac(juainted  with  this  subject  to  read 
this  zealous  rant,  without  Hniiluig',  until  he  attends  to  the  wicked- 
ness of  it,  which  will  provoke  hii*  utmost  iiulignation.  Let  uf 
however  consider  it  sohorly. 

From  tlie  date  of  our  churtt:r,  to  tlio  time  of  the  stamp  act,  and 
indeeil  since  that  time  (notwitlistHnd...fi  the  misrepresentations  of 
our  charter  constitution,  as  too  pojudar  and  rf[)ublican)  the 
council  of  this  province  have  been  t^onerally  on  the  side  of  the 
governor  and  the  preroofative.  For  the  truth  of  this,  1  appeal 
to  our  whole  history  and  cx|)erience.  The  art  r.nd  power  of 
governors,  and  especially  the  negative,  have  been  a  stronger 
motive  on  the  oiu5  haiul,  than  th(!  annual  election  of  the  two 
liouses  on  the  other.  In  disputes  between  the  governor  and  the 
liouse,  the  council  have  generally  adhered  to  the  former,  and  in 
many  cases  have  complied  with  his  humour,  when  scarcely  any 
council  by  niandamus,  upon  this  continent,  would  have  done  it. 

But  in  the  time  of  the  stamp  act,  it  was  found  productive  of 
many  mischiefs  and  dangers,  to  have  officers  of  the  crown,  who 
were  dependant  on  the  ministry,  and  judges  of  the  superior  court, 
whose  offices  were  thought  incompatible  with  a  voice  in  the  le- 
gislature, members  of  council. 

In  May  1765,  Lt.  .ov.  Hutchinson,  Sec.  Oliver,  and  Mr.  Bel- 
cher were  officers  of  the  crown,  the  judges  of  the  superior  court, 
and  some  other  gentlemen,  who  held  commissions  under  the  gov- 
ernor, were  members  of  council.  Mr.  Hutchinson  was  chief  jus- 
tice and  a  judge  of  probate  for  the  first  county,  as  well  as  lieu- 
tenant governor,  and  a  counsellor ;  too  many  offices  for  the  great- 
est and  best  man  in  the  world  to  hold,  too  much  business  for  any 
man  to  do  ;  besides,  that  these  offices  were  frequently  clashing 
and  interfering  with  each  other.  Two  other  justices  of  the  supe- 
rior court  were  counsellors,  and  nearly  and  closely  connected  with 
him  by  family  alliances.  One  other  justice  was  judge  of  admi- 
ralty during  pleasure.  Such  a  jumble  of  offices  never  got  to- 
gether before  in  any  English  government.  It  was  found  in  short, 
that  the  famous  triumvirate,  Bernard,  Hutchinson  and  Oliver, 
the  ever  memorable,  secret,  contidential  letter  writers,  whom 
1  call  the  junto,  had  by  degrees,  and  before  the  people  wcr« 
aware  of  it,  erected  a  tyranny  in  the  province.  Bernard  had  all 
the  executive,  and  a  negative  on  the  legislative ;  Hutchinson  and 
Oliver,  by  their  popular  arts  and  secret  intrigues,  had  elevated 
to  the  board,  such  a  collection  of  crown  office rb,  and  their  own 
relations,  as  to  have  too  much  intlnence  thcie  ;  and  they  had 
three  of  a  family  on  the  superior  bench,  which  is  the  supreme 
tribunal  in  all  causes  civil  and  criminal,  vested  with  all  the 
powers  of  the  king's  bench,  common  pleas  and  exchequer,  which 
gave  them  power  over  every  act  of  this  court.  Tliis  junto  there- 
fore had  the  legislative  and  executive  in  their  controul.  anj 
7 


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50 


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more  natural  influence  over  the  judicial,  thuu  is  ever  to  be 
trustee!  to  any  set  of  men  in  tlie  world.  The  public  accordingly 
found  all  these  sprinsjs  and  wheels  in  the  constitution  set  in  mo- 
tion to  promote  submission  to  the  stamp  act,  and  to  discounte- 
nance resistance  to  it ;  and  they  thought  they  had  a  violent  pre- 
sumption, that  they  would  forever  be  employed  to  encourage  a 
compliance  with  all  ministerial  measures  and  parliamentary  claims, 
of  whatever  character  they  mi^ht  be. 

The  designs  of  the  junto,  however,  were  concealed  as  care- 
fully as  possible.  Most  persons  were  jealous ;  few  were  certain. 
When  the  assembly  met  in  May,  1766,  after  the  stamp  act  was 
repeaiiid,  the  whigs  tlattered  themselves  with  hopes  of  peace  and 
liberty  for  the  future.  Mv.  Otis,  whose  abilities  and  integrity, 
whose  great  exertions,  and  most  exemplary  sacritices  of  his  pri- 
vate interest  to  the  public  service,  had  entitled  him  to  all  the 
promotion,  which  the  people  could  bestow,  was  chosen  speaker 
of  the  house.  Bernard  negatived  the  choice.  It  can  scarcely 
be  conceived  by  a  stranger,  what  an  alarm  this  manoeuvre  gave 
to  the  public.  It  was  thought  equivalent  to  a  declaration,  that 
although  the  people  had  been  so  successful  as  to  obtain  a  repeal 
of  the  stamp  act,  yet  they  must  not  hope  to  be  quiet  long,  for 
parliament,  by  the  declaratory  act,  had  asserted  its  supreme  au- 
thority, and  new  taxations  and  regulations  should  be  made,  if  the 
junto  could  obtain  them  :  and  every  man  who  should  dare  to  op- 
pose such  projects,  let  his  powers,  or  virtues,  his  family  or  for- 
tune be  what  they  would,  should  be  surely  cut  off  from  all  hopes 
of  advancement.  The  electors  thought  it  high  time  to  be  upon 
their  guard.  All  the  foregoing  reasons  and  motives  prevailed 
with  the  electors  ;  and  the  crown  officers  and  justices  of  the  su- 
preme court,  were  left  out  of  council  in  the  new  choice.  Those 
who  were  elected  in  their  places  were  all  negatived  by  Bernard, 
which  was  considered  as  a  fresh  proof,  that  the  junto  still  perse- 
vered in  their  designs  of  obtaining  a  rerenue,  to  divide  among 
themselves. 

The  gentlemen  elected  anew,  were  of  equal  fortune  and  in- 
tegrity, at  least,  and  not  much  inferior  in  abilities  to  those  left 
out,  and  indeed,  in  point  of  fortune,  family,  note  or  abilities, 
the  councils  which  have  been  chosen  from  that  time  to  this,  taken 
on  an  average,  have  been  very  little  inferior,  if  any,  to  those 
chosen  before.  Let  Massachusettensis  descend  if  he  will,  to  every 
particular  gentlein m  by  name  through  the  whole  period,  and  I 
will  niiike  out  my  assertion 

Every  impartial  person  will  not  only  think  these  reasons  a  full 
viiMlicalion  of  the  conduct  of  the  two  houses,  but  that  it  was  their 
indispensaljle  duty  to  their  countr}',  to  act  the  part  they  did; 
and  tlie  course  of  time,  which  has  developed  the  dark  intrigues 
of  the  junto,  before  and  since,  has  confirmed  the  rectitude  and 
necessity  of  the  niensure.  Had  Bernard's  principles  of  polity 
been  published  and  known  at  that  time,  no  member  of  the  house, 


\l 


51 


who  should  have  voted  for  any  of  the  persons  then  left  out,  if  it 
was  known  to  his  constituents,  would  ever  have  obtained  another 
election. 

By  the  next  step  we  rise  to  the  chair.  "  With  the  board,  the 
chair  fell  likewise,^'  he  says.  But  what  a  slander  is  this  ?  Neither 
fell ;  both  remained  in  as  much  vigour  as  ever.  The  junto  it  is 
true,  and  some  other  gentlemen  who  were  not  in  their  secret,  but 
however  had  been  misled  to  concur  in  their  measures,  were  left 
out  of  council.  But  the  board  had  as  much  authority  as  ever. 
The  board  of  17C6  could  not  have  influenced  the  people  to  ac- 
knowledge the  supreme  uncontroulable  authority  of  parliament, 
nor  could  that  of  1765,  have  done  it.  So  that  by  the  chair,  and 
the  board's  falling,  he  means  no  more,  if  his  meani  ig  has  any 
truth  in  it,  than  that  the  junto  fell ;  the  designs  of  taxing  the  Col- 
onies fell,  and  the  schemes  for  destroying  all  the  charters  on  the 
continent  and  for  erecting  lordships  fell.  These,  it  must  be  ac- 
knowleged,  fell  very  low  indeed,  in  the  esteem  of  the  people,  and 
the  two  houses. 

"  The  governor,"  says  our  wily  writer,  "  could  do  little  or 
nothing  without  the  council,  by  the  charter."  "  If  he  called 
upon  a  military  oilicer  to  raise  the  militia,  he  was  answered  they 
were  there  already,"  &c.  The  council,  by  the  charter,  had  no- 
thing to  do  with  the  militia.  The  governor  alone  had  all  author- 
ity over  them.  The  council  therefore  are  not  to  blame  for  their 
conduct.  If  the  militia  refused  obedience  to  the  captain  general, 
or  his  subordinate  oificer,  when  commanded  to  assist  in  carrying 
into  execution  the  stamp  act,  or  in  dispersing  those  who  were 
opposing  it,  does  not  this  prove  the  uni  /ersal  sense  and  resolu- 
tion of  the  people  not  to  submit  to  it  ?  Did  not  a  regular  army 
do  more  to  James  the  second  ?  If  those,  over  whom  the  gover- 
nor had  the  most  absolute  authority  and  decisive  influence,  refus- 
ed obedience,  does  not  this  show  how  deeply  rooted  in  all 
men's  minds  was  the  abhorrence  of  that  unconstitutional  power 
which  was  usurping  over  them  ?  "  If  he  called  upon  the  coun- 
cil for  their  assistance,  they  must  first  inquire  into  the  cause." 
An  unpardonable  crime,  no  doubt  !  But  is  it  the  duty  of  a  mid- 
dle branch  of  legislature,  to  do  as  the  first  shall  command  them, 
implicitly,  or  to  judge  for  themselves  ?  Is  it  the  duty  of  a  privy 
council,  to  understand  the  subject  before  they  give  advice,  or  on- 
ly to  lend  their  names  to  any  edict,in  order  to  make  it  less  unpop- 
ular ?  It  would  be  a  shame  to  answer  such  observations  as  these, 
if  it  was  not  for  their  wickedness.  Our  council,  all  along  how- 
ever did  as  much  as  any  council  could  have  done.  Was  the 
mandamus  council  at  New  York  able  to  do  more,  to  influence  the 
people  to  a  submission  to  the  stamp  act  ?  Was  the  chair,  the 
board,  the  septennial  house,  with  the  assistance  of  general  Gage 
and  his  troops,  able  to  do  more,  in  that  city,  than  our  branches 
did  in  this  province  ?  Not  one  iota.  Nor  could  Bernard,  his 
council,  and  house,  if  they  had  been  unanimous,  have  induced 


m 
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it 

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11 


r-'v' 


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52 


submission.  The  people  would  have  apurned  them  all,  for  they 
are  not  to  be  wheedled  out  of  their  liberties  by  their  own  repre- 
sentatives, anymore  than  by  strangers.  "If  he  wrote  to  gov- 
ernment at  home  to  strengthen  his  hands,  some  officious  person 
procured  and  sent  back  his  letters."  At  last  it  seems  to  be  ac- 
knowledged, that  the  governor  did  write  for  a  military  force,  to 
strengthen  government.  For  what  ?  to  enable  it  to  enforce 
stamp  acts,  tea  acts,  and  other  internal  regulations,  the  authority 
of  which  the   people  were  determined  never  to  acknowledge. 

But  what  a  pity  it  was,  that  these  worthy  gentlemen  could 
not  be  allowed,  from  the  dearest  atfection  to  their  native  coun- 
try, to  which  they  had  every  possible  attachment,  to  go  on  in 
profound  confidential  secrecy,  procuring  troops  to  cut  our  throats, 
acts  of  parliament  to  drain  our  purses,  destroy  our  charters 
and  assemblies,  getting  estates  and  dignities  for  themselves  and 
their  own  families,  and  all  the  while  most  devoutly  professing 
to  be  friends  to  our  charter,  enemies  to  parliamentary  taxation, 
and  to  all  pensions,  without  being  detected  ?  How  happy  !  if 
they  could  have  annihilated  all  our  charters,  and  yet  have  been 
beloved,  nay  deified  by  the  people,  as  friends  and  advocates  for 
their  charters  ?  What  masterly  politicians !  to  have  made  them- 
selves nobles  for  life,  and  yet  have  been  thought  very  sorry, 
that  the  two  houses  were  denied  the  privilege  of  choosing  the 
council  ?  How  sagacious,  to  get  large  pensions  for  themselves, 
and  yet  be  thought  to  mourn,  that  pensions  and  venality  were 
introduced  into  the  country?  How  sweet  and  pleasant!  to  have 
been  the  most  popular  men  in  the  community,  for  being  staunch 
and  zealous  dissenters,  true  blue  Calvinists,  and  able  advocates 
for  public  virtue  and  popular  government,  after  they  had  in- 
troduced an  American  Episcopate,  universal  corruption  among  the 
leading  men,  and  deprived  the  people  of  all  share  in  their  su- 
preme legislative  council  ?  I  mention  an  Episcopate,  for  although 
1  do  not  know  that  governors  Hutchinson  and  Oliver  ever  direct- 
ly solicited  for  bishops,  yet  they  must  have  seen,  that  these 
would  have  been  one  effect,  very  soon,  of  establishing  the  un- 
limited authority  of  parliament ! 

I  agrc?  with  this  writer,  that  it  was  not  the  persons  of  Ber- 
nard, Hutchinson  or  Oliver,  that  made  them  obnoxious;  but 
their  principles  and  practices.  And  I  will  agree,  that  if  Chatham, 
Canjpden  and  St.  Asaph,  (I  beg  pardon  for  introducing  these  rever- 
end naines  into  such  company,  and  tor  making  a  supposition 
which  is  absurd)  had  been  here,  and  prosecuted  such  schemes, 
they  would  have  met  with  contempt  and  execration  from  this  peo- 
ple. But  when  he  says,  *'  that  had  the  intimations  in  those  letters 
been  attendetl  to,  we  had  now  been  as  happy  a  people  as  good 
goveriunent  could  make  us,"  it  is  too  jjproes  to  make  us  angry. 
We  can  do  nothing  but  smile.  Have  not  these  intimations  been 
attended  to  ?  Have  not  fleets  and  armies  been  sent  here,  when- 
ever they  requeirtcd  ?  Have  not  governors',  lieutenani  governors', 


53 


v. 


secretaries',  judges',  attorney  generals',  and  solicitor  generals' 
salaries  been  paid  out  of  the  revenue  as  they  solicited  ?  Have 
not  taxes  been  laid,  and  continued  ?  Have  not  English  liberties 
been  abridged  as  Hutchinson  desired?  Have  not  "penalties  of 
another  kind"  been  inflicted,  as  he  disired  ?  Has  not  our  charter 
been  destroyed,  and  the  council  put  into  the  king's  hands,  as  Ber- 
nard requested  ?  In  short,  almost  all  the  wild  mock  pranks  of 
this  desperate  triumvirate  have  been  attended  to  and  adopted,  and 
we  are  now  as  miserable  as  tyranny  can  wrll  make  us.  That 
Bernard  came  here  with  the  affections  of  New  Jersey,  I  never 
heard  nor  read,  but  in  this  writer.  His  abilities  were  considera- 
ble, or  he  could  not  have  done  such  extensive  miscliir^f.  His  true 
British  honesty  and  punctuality  will  be  ackiiowloHged  by  none, 
but  such  as  owe  all  their  importance  to  flattering  him. 

That  Hutchinson  was  amiable  and  exemplary,  in  some  respects, 
and   very   unamiable    and   unexemplary,    in  others,    is  a  certain 
truth  ;  otherwise  he  never  would  have  retained  so  much  popu- 
larity on  one  hand,  nor  made  so  pernicious  a  use  of  it  on  the  oth« 
er.     His  behavior,  in  several  important  departments,  was  with 
ability  and  integrity,   in  cases  which  did  not  effect  his  political 
system,  but  he  bent  all  his  offices    to  that.     Had   iie  continued 
stedfast  to  those  prin».iples  in  religion  and  government,  which  in 
his  former  life  he  professed,  and  which  alorje  had  procured  him 
the  confidence  of  the  people  and  all   his  importance,  he  would 
have  lived  and  died,  respected  and  beloved,  and  have  done  hon- 
or to  his  native   country.     But  by    renouncing  these  principles 
and  that  conduct,   which  had  made  him  and  all  his  ancestors  re- 
spectable, his  character  is  now  considered    by  all  America,   and 
the  best  part  of  the  three  kingdoms,  notwithstanding  the  counte- 
nance he  receives  from  the  ministry,   as  a  reproach   to  the  pro- 
vince that  gave  him  birth,  as  a  man  who  bj'  all  his  actions  aimed 
at  making  himself  great,  at  the  expense  of  the  liberties  of  his  na- 
tive country.     This  gentleman   was  open  to  flattery,  in  so  re- 
markable a  degree,  that   any  man  who  would   flatter  him  was 
sure  of  his  friendship,  and  every  one  who  would  not,  was  sure  of 
his  enmity.     He  was  credulous,  in  a  rediculous  degree,  of  every 
thing  that   favoured  his   own  jdans,  and  ecpially   incredulous  of 
every   thing  which  made    against  them.      His  natural  abilities 
which  have  been  greatly  exaggerated  by  persons  whom  he  had 
advanced  to  power,  were  far  from  being  of  the  first  rate.     His 
industry  was  prodigious.     His  knowledge  lay  chiefly  in  the  laws 
and  politics  and  history  of  this  province,   in  which  he  had  a  long 
experience.     Yet  with  all  his  advantages,   he  never  was  master 
of  the  true  char.acter  of  his  native  country,  not  even  of  New 
England  and  the  Massachusetts  Bay.     Through  the  whole   trou- 
blesome   period  since   the  last  war,  he  manifestly  mistook  the 
temper,  principles,  and  opinions  of  this  people.     He  had  resolv- 
ed upon  a  system,  and  never  could  or  would  see  the  impractica- 
bility of  it. 


t; 

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It  is  very  true  that  all  his  abilities,  virtues,  interests  and  con- 
nections, were  insufficient ;  but  for  what  ?  To  prevail  on  the 
people  to  acquiesce  in  the  mighty  claim  of  parliamentary  authori- 
ty. The  constitution  was  not  gone.  The  suggestion,  that  it  was, 
is  a  vile  slander.  It  had  as  much  vigour  as  ever,  and  even  the 
govei'nor  had  as  much  power  as  ever,  excepting  in  cases  which 
affected  that  claim.  "  The  spirit"  says  this  writer  "  was  truly 
republican."  It  was  not  so  in  any  one  case  whatever  ;  any  fur- 
ther than  the  spirit  of  the  British  constitution  is  republican. 
Even  in  the  grand  fundamental  dispute,  the  people  arranged 
themselves  under  their  house  of  representatives  and  council,  with 
as  much  order  as  ever,  and  conducted  their  opposition  as  much 
by  the  constitution  as  ever.  It  is  true  their  constitution  was  em- 
ployed against  the  measures  of  the  jvmto,  which  created  their 
enmity  to  it.  However  I  have  not  such  an  horror  of  republican 
spirit,  which  is  a  spirit  of  true  virtue,  and  honest  independence  ; 
1  do  not  mean  on  the  king,  but  on  men  in  power-  This  spirit  is 
so  far  from  being  incompatible  with  the  British  constitution,  that  it 
is  the  greatest  glory  of  it,  and  the  nation  has  always  been  most 
prosperous,  when  it  has  most  prevailed  and  been  most  encourag- 
ed by  the  crown.  1  wish  it  increased  in  every  part  of  the  world, 
especially  in  America  ;  and  I  think  the  measures,  the  tories  are 
now  pursuing,  will  increase  it  to  a  degree  that  will  ensure  us,  in 
thif  end,  redress  of  grievances  and  an  happy  reconciliation  with 
Great  Britain. 

"Governor  Hutchinson  strove  to  convince  us,  by  the  principles 
of  government,  our  charters  and  acknowledgments,  that  our 
claims  were  inconsistent  with  the  subordination  due  to  Great 
Britain,"  fcc.  says  this  writer. 

Suffer  me  to  introduce  here,  a  htlle  history.  In  1764,  when 
the  system  of  taxing  and  new  modelling  the  Colonies  was  first  ap- 
prehended, lieutenant  governor  Hutchinson's  friends  struggled  in 
several  successive  sessions  of  the  general  court,  to  get  him  chos- 
en agent  for  the  province  at  the  court  of  Great  Britain.  At  this 
time  he  declared  freely,  that  he  was  of  the  same  sentiment  with  the 
people,  that  parliament  had  no  right  to  tax  them  ;  but  differed  from 
the  country  party,  only  in  his  opinion  of  the  policy  of  denying  that 
right,  in  their  petitions,  &c.  1  would  not  injure  him  ;  I  was  told 
this  by  three  gentlemen  who  were  of  the  committee  of  both 
houses,  to  prepare  that  petition,  that  he  made  this  declaration  ex- 
plicitly before  that  committee.  1  have  been  told  by  other  gen- 
tlemen that  he  made  the  same  declaration  to  them.  It  is  possible 
tliat  he  might  make  use  of  expressions  studied  for  the  purpose, 
which  would  not  strictly  bear  this  construction.  But  it  is  certain 
that  they  understood  him  so,  and  that  this  was  the  general  opin- 
ion of  his  sentiments  until  he  came  to  the  chair. 

The  country  party  saw,  that  this  aspiring  genius  aimed  at 
keeping  fair  with  the  ministry,  by  supporting  their  measures,  and 
with  the  people,  by  pretending  to  be  of  our  principles,  and  be- 


5d 


twcen  both  to  trim  himself  up  to  the  chair.  The  only  reason 
why  he  did  not  obtain  an  election  at  one  time,  and  was  excused 
from  the  service  at  another,  after  he  had  been  chosen  by  a  small 
Br.ajority,  was  because  the  members  knew  he  would  not  openly 
deny  the  right,  and  assure  his  majesty,  the  parliament,  and  minis- 
try, that  the  people  never  would  submit  to  it.  For  the  same  rea- 
son he  was  left  out  of  council.  But  he  continued  to  cultivate 
his  popularity,  and  to  maintain  a  general  opinion  among  the  peo- 
ple, that  he  denied  the  right  in  his  private  judgment,  and  thi^ 
idea  preserved  most  of  those  who  continued  their  esteem  for  him. 
But  upon  Bernard's  removal,  and  his  taking  the  chair  as  lieu- 
tenant governor,  he  had  no  farther  expectations  from  the  people 
nor  complaisance  for  their  opinions.  In  one  of  his  first  speeche*^ 
he  took  care  to  advance  the  supreme  authority  of  parliament. 
This  astonished  many  of  his  friends.  They  were  heard  to  say, 
we  have  been  deceived.  We  thought  he  had  been  abused,  but 
we  now  find  what  has  been  said  of  him  is  true.  He  is  determined 
to  join  in  the  designs  against  this  country.  After  his  promotion 
/  ,  to  the  government,  finding  that  the  people  had  little  confidence 
liinrvn^/  in  him,  and  a^ttmang  that  he  had  no  interest  at  home  to  support 
/'  him,  but  what  he  had  acquired  by  joining  with  Bernard  in  kick- 
ing up  a  dust,  he  determined  to  strike  a  bold  stroke,  and  in  a 
formal  speech  to  both  houses,  became  a  champion  for  the  un- 
bounded authority  of  parliament,  over  the  Colonies.  This  he 
thought  would  lay  the  ministry  under  obligation  to  support  him 
in  the  government,  or  else  to  provide  for  him  out  of  it,  not 
considering  that  starting  that  question  before  that  assembly,  and 
calling  upon  them,  as  he  did,  to  dispute  with  him  upon  it,  was 
scattering  firebrands,  arrows  and  death  in  sport.  The  arguments 
he  then  advanced  were  inconclusive  indeed :  but  they  shall  be 
considered,  when  I  come  to  the  feeble  attempt  of  Massachuset* 
tensis  to  give  a  colour  to  the  same  position. 

The  house,  thus  called  upon,  either  to  acknowledge  the  unlim* 
ited  authority  of  parliament,  or  confute  his  arguments,  were 
bound  by  their  duty  to  God,  their  country  and  posterity,  to  give 
him  a  full  and  explicit  answer.  They  proved  incontostihiy,  that 
he  was  out  in  his  facts,  inconsistent  with  himself,  and  in  every 
principle  of  his  law,  he  had  committed  a  blundor.  Thus  the 
fowler  was  caught  in  his  own  snare  ;  and  although  this  country 
has  suffered  severe  temporary  CPilamities,  in  consecjuence  of  tliis 
speech,  yet  I  hope  they  will  not  be  durable  ;  but  his  ruin  ivas 
certainly  in  part  owing  to  it.  Nothing  ever  opened  the  eyes 
of  the  people  so  much,  as  his  design?,  excepting  his  letters. 
Thus  it  is  the  fate  of  Massachusettensis  to  praise  this  gentle] 
man,  for  these  things  which  the  wise  part  of  mankind  condemn  in 
him,  as  the  most  insidious  and  mischievous  of  actions.  If  it  was 
out  of  his  power  to  do  us  any  more  injuries,  I  should  wish  to  foi-- 
get  the  past ;  but  as  there  is  reason  to  fear  he  is  still  to  continue 
his  malevolent  labours  against  this  country,  although  he  is  out  of 


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our  sight,  he  ou£?ht  not  to  he  out  of  our  mimlrf.  This  country 
has  every  thing  to  fear,  in  the  present  state  of  the  British  court, 
while  the  lords  Bute,  Mansfield  and  North  have  the  principal  con- 
duct of  affairs,  from  the  deep  intrigues  of  that  artful  man. 

To  proceed  to  his  successor,  whom  Massachusettensis  has 
heen  pleased  to  compliment  with  the  epithet  of  "  amiable."  I 
have  no  inclination  to  detract  from  this  praise,  but  have  no  pane- 
gyricks  or  invectives  for  any  man,much  less  for  any  governor,  un- 
til satisfied  of  his  character  and  designs.  This  gentleman's 
conduct,  although  he  came  here  to  support  the  systems  of  his  two 
predecessors,  and  contracted  to  throw  himself  into  the  arms  of 
their  connections,  when  he  has  acted  himself,  and  not  been 
teased  by  others  much  less  amiable  and  judicious  than  himself, 
into  measures  which  his  own  inclination  wonld  have  avoided,  has 
been  in  general  as  unexceptionable  as  could  be  expected,  in  his 
very  delicate,  intricate  and  diO'icult  situation. 

We  are  then  told  "  that  disaffection  to  Great  Britain  was  infus- 
ed into  the  body  of  the  people."  The  leading  whigs,  have  ever, 
systematically,  and  upon  principle,  endeavoured  to  preserve  the 
people  from  all  disaffection  to  the  king  on  the  one  hand,  and  the 
body  of  the  people  on  the  other ;  but  to  lay  the  blame  where  it 
is  justly  due  on  the  ministry  and  their  instruments. 

We  are  next  conducted  into  the  superior  court,  and  informed 
'•  that  the  judges  were  de}>endant  on  the  annual  grants  of  the 
general  court ;  that  their  salaries  were  small  in  proportion  to  the 
salaries  of  other  officers,  of  less  importance  ;  that  they  often  pe- 
titioned the  assembly  to  enlarge  them,  without  success,  and  were 
reminded  of  their  dependance  ;  thai  they  remained  unshaken 
amid  the  raging  tempests,  which  is  to  be  attributed  rather  to  their 
firmness  than  situation." 

That  the  salaries  were  small,  must  be  allowed  :  but  not  smal- 
ler in  proportion  than  those  of  other  officers.  All  salaries  in  this 
province  have  been  and  are  small.  It  has  been  the  policy  of  the 
country  to  keep  them  so,  not  so  much  from  a  spirit  of  parsimony, 
as  an  opinion,  that  the  service  of  the  public  ought  to  be  an  hon- 
orary, rather  than  a  lucrative  employment;  and  that  the  great 
men  ought  to  be  obliged  to  set  examples  of  simplicity  and  frugality 
before  the  people. 

But  if  we  consider  things  maturely,  and  make  allowance  for  all 
circumstances,  1  think  the  country  may  be  vindicated.  This 
province,  during  the  last  war,  had  such  overbearing  burdens  upon 
it,ti»at  it  was  necessitated  to  use  economy  in  every  thing.  At  the 
peace  she  was  half  a  million  sterling  in  debt,  nearly.  She  thought 
it  the  best  policy  to  get  out  of  debt,  before  she  raised  the  wages 
of  her  servants ;  and  if  Great  Britain  had  thought  as  wisely,  she 
would  not  now  have  had  140  millions  to  pay  ;  and  she  would  nev- 
er have  thought  of  taxing  America. 

Low  as  the  wages  were,  it  was  found  that,  whenever  a  vacan- 
cy happened,  the  place  was  solicited  with  mucli  more  anxiety  and 
zeal,  than  the  kingdom  of  heaven. 


! 


57 


'VI'" 


Another  cause  which  had  its  effect  wa8  this.  The  judges  of 
that  court  had  almost  always  enjoyed  some  other  office.  At  the 
time  of  the  stamp  act  the  chief  justice  was  lieutenant  governor, 
which  yielded  him  a  profit,  and  a  judge  of  probate  for  the  county 
of  Suffolk,  which  yielded  him  another  profit,  and  a  counsellor, 
which  if  it  was  not  very  profitable,  gave  him  an  opportunity  of 
promoting  his  family  and  friends  to  other  profitable  offices,  an  op- 
portunity which  the  country  saw  he  most  religiously  improved. 
Another  justice  of  this  court  was  a  judge  of  admiralty,  and  anoth- 
er was  judge  of  probate  for  the  county  of  Plymouth.  The  peo- 
ple thought  therefore,  thtt  as  then  '^^ime  was  not  wholly  taken  up 
by  their  offices,  as  judges  oi'lhe  superior  court,  there  was  no  rea- 
son ^fhy  they  should  be  paid  as  much,  as  if  it  had  been. 

Another  reason  was  this :  those  justices  had  not  been  bred 
to  the  bar,  but  taken  from  merchandise,  husbandry  and  other  oc- 
cupations ;  had  been  at  no  great  expence  for  education,  or  libra- 
ries, and  therefore  the  people  thought  that  equity  did  not  de- 
mand large  salaries. 

It  must  be  confessed  that  another  motive  had  its  weight.  The 
people  were  growing  jealous  of  the  chief  justice  and  two  other 
justices  at  least,  and  therefore  thought  it  imprudent  to  enlarge 
their  salaries,  and  by  that  means  their  influence. 

Whether  all  these  arguments  were  sufficient  to  vindicate  the 
people  for  not  enlarging  their  salaries,  I  shall  leave  to  you, 
my  friends,  whose  right  it  is  to  judge.  But  that  the  judges  pe- 
titioned "  often"  to  the  assembly  I  do  not  remember.  I  knew  it 
was  suspected  by  many,  and- confidently  affirmed  by  some,  that 
judge  Russell  carried  home  with  him,  in  1766,  a  petition  to  his  ma- 
jesty, subscribed  by  himself,  and  chief  justice  Hutchinson  at  least, 
praying  his  majesty  to  take  the  payment  of  the  judges  into  his 
own  hands ;  and  that  this  petition,  together  with  the  solicitations 
of  governor  Bernard,  and  others,  had  the  success  to  procure  the 
act  of  parliament,  to  enable  his  majesty  to  appropriate  the  reve- 
nue to  the  support  of  the  admiuistration  of  justice,  &c.  from 
whence  a  great  part  of  the  present  calamities  of  America  have 
flowed. 

That  the  high  whigs  took  care  to  get  themselves  chosen  of  the 
grand  juries  I  do  not  believe.  Nine  tenths  of  the  people  were 
high  whigs  ;  and  therefore  it  was  not  easy  to  get  a  grand  jury 
without  nine  whigs  in  ten,  in  it.  And  the  matter  would  not  be 
much  mended  by  the  new  act  of  parliament.  The  sheriff  must 
return  the  same  set  of  jurors,  court  after  court,  or  else  his  juries 
would  be  nine  tenths  of  them  high  whigs  still.  Indeed  the  tories 
are  so  envenomed  now  with  malice,  envy,  revenge  and  disap- 
pointed ambition,  that  they  would  be  willing,  for  what  i  know,  to 
be  jurors  for  life,  in  order  to  give  verdicts  against  the  whigs.  And 
many  of  them  would  readily  do  it,  I  doubt  not,  without  any  other 
law  or  evidence,  than  what  they  found  in  their  own  breasts.  The 
suggestion  of  legerdemain,  in  dr<»'.ving  the  names  of  petit  jurors  out 
B 


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of  the  box,  is  scandalouci.  Human  wisdom  cannot  device  a  method 
of  obtainiug  petit  jurors  more  fairly,  and  better  secired  against  a 
possibility  of  corruption  of  any  kind,  than  that  esldblished  by  our 
provincial  law.  They  were  drawn  by  chance  out  of  a  box,  in 
open  town  meeting,  to  which  the  tories  went,  or  might  ha?e  gone, 
as  well  as  the  whigs,  and  have  seen  with  their  own  eyes,  that 
nothing  unfair  ever  did  or  could  take  place.  If  the  jurors  con- 
sisted of  whigs,  it  was  because  the  freeholders  were  whigs,  that  is 
honest  men.  But  now,  it  seems,  if  Massachusettensis  can  have  his 
will,  the  sheriff,  who  will  be  a  person  properly  qualified  for  the 
purpose,  is  to  pick  out  a  tory  jury,  if  he  can  find  one  in  ten,  or 
one  in  twenty  of  that  character  among  the  freeholders ;  and  it  is 
no  doubt  expected,  that  every  newspaper  that  presumes  to  deny 
the  right  of  parliament  to  tax  us,  or  destroy  our  charter,  will  be 
presented  as  a  libel,  and  every  member  of  a  committee  of  corres- 
pondence, or  a  congress,  &c.  &c.  &c.  are  to  be  indicted  for  rebel- 
lion. These  would  be  pleasant  times  to  Massachusettensis  and  the 
junto,  but  they  will  never  live  to  see  them. 

"  The  judges  pointed  out  seditious  libels,  on  governors,  ma- 
gistrates, and  the  whole  government  to  no  effect."  They  did  so. 
But  the  jurors  thought  some  of  these  no  libels,  but  solemn  truths. 
At  one  time,  I  have  heard  that  all  the  newspapers  for  several 
years,  the  Massachusetts  Gazette,  Evening  Post,  Boston  Chronicle, 
Boston  Gazette,  and  Massachusetts  Spy,  were  laid  before  a  grand 
jury  at  once.  The  jurors  thought  there  were  multitudes  of  libels 
written  by  the  tories,  and  they  did  not  know  whom  they  should 
attack,  if  they  presented  them ;  perhaps  governor  Bernard,  lieut. 
governor  tlutchinson,  secretary  Oliver — possibly  the  attorney 
general      They  saw  so  many  difliculties  they  knew  not  what  to  do. 

As  to  the  riots  and  insurrections,  it  is  surprising  that  this  writer 
should  say  "  scarce  one  offender  was  indicted,  and  I  think  not  one 
convicted."  Were  not  many  indicted,  convicted,  and  punished 
too  in  the  county  of  Essex,  and  Middlesex,  and  indeed  in  every 
other  county  ?  But  perhaps  he  will  say,  he  means  such  as  were 
connected  with  politicks.  Yet  this  is  not  true,  for  a  large  number 
in  Essex  were  punished  for  abusing  an  informer,  and  others  were 
indicted  and  convicted  in  Boston  for  a  similar  offence.  None  were 
indicted  for  pulling  down  the  stamp  office,  because  this  was  thought 
an  honorable  and  glorious  action,  not  a  riot.  And  so  it  must  be 
said  of  several  other  tumults.  But  was  not  thia  the  case  in  royal 
as  well  as  charter  governiAehts  ?  Nor  will  this  inconvenience  be 
remedied  by  a  sheriff's  jury,  if  such  an  one  should  ever  sit.  For 
if  such  a  jury  should  convict,  the  people  will  never  be?ir  the  pun- 
ishment. It  is  in  vain  to  expect  or  hope  to  carry  on  government^ 
against  the  universal  bent  and  genius  of  the  people ;  we  may  whim- 
per and  whine  as  much  as  we  will,  but  nature  made  it  impossible, 
when  she  made  men. 

If  causes  of /rte«/rt  and  tuum  were  not  always  exempt  from  party 
influence,  the  tories  will  get  no  credit  by  an  examination  into  par- 


59 


^ 


T^ 


ticular  cues.  Though  I  believe  there  was  no  great  blame  oa 
either  party,  in  this  respect,  where  the  case  was  not  connected 
with  politicks. 

We  are  then  told  "  the  whigs  once  flattered  theniselves  they 
should  be  able  to  divide  the  province  between  them."  I  suppose 
he  means,  that  they  should  be  able  to  get  the  honorable  and  lu* 
crative  offices  of  the  province  into  their  hands,  if  this  was  true, 
they  would  be  chargeable  with  only  designing  what  the  torics 
have  ''tually  done ;  with  this  difference,  that  the  whigs  would 
have  done  it  by  saving  the  liberties  and  the  constitution  of  the 
province — whereas  the  tories  have  done  it  by  the  destruction  of 
both.  That  the  whigs  have  ambition,  a  desire  of  profit,  and  other 
passions,  like  other  men,  it  would  be  foolish  to  deny.  But  this 
writer  cannot  name  a  set  of  men  in  the  whole  British  empire, 
who  have  sacrificed  their  private  interest  to  their  nation^s  honour, 
and  the  public  good,  in  so  remarkable  a  manner,  as  the  leading 
whigs  have  done,  in  the  two  lust  administrations. 

"  As  to  cutting  asunder  the  sinews  of  government  and  breaking 
in  pieces  the  ligament  of  social  Ufe,'^  as  far  as  this  has  been  done, 
I  have  proved  by  incontestible  evidence  from  Bernard's,  Hutchin- 
son's and  Oliver's  letters,  that  the  tories  have  done  it.  against  all 
the  endeavours  of  the  whigs  to  prevent  them  from  fiitit  to  last. 

The  public  is  then  amused  with  two  instances  of  the  weakness 
of  our  government,  and  these  are,  with  equal  artifice  and  injustice, 
insinuated  to  be  chargeable  upon  the  whigs.  But  the  whigs  are 
as  innocent  of  these,  as  the  tories.  Malcom  was  as  much  against 
the  inclinations  and  judgment  of  the  whigs  as  the  tories.  But  the 
real  injury,  he  received,  is  exaggerated  by  this  writer.  The 
cruelty  of  his  whipping,  and  the  danger  of  his  life,  are  too  highly 
coloured. 

Malcom  was  such  an  oddity  as  naturally  to  excite  the  curiosity 
and  ridicule  of  the  lowest  class  of  people,  wherever  he  went :  had 
been  active  in  battle  against  the  regulators  in  North  Carolina,  who 
were  thought  in  Boston  to  be  an  injured  people.  A  few  weeks 
before,  he  had  made  a  seizure  at  Kennebeck  river,  1 50  miles  from 
Boston,  and  by  some  imprudence  had  excited  the  wrath  of  the 
people  there,  in  such  a  degree,  thai  they  tarred  and  feathered 
him  over  his  clothes.  He  comes  to  Boston  to  complain.  The  news 
of  it  was  spread  in  town.  It  was  a  critical  time,  when  the  pas- 
sions of  the  people  were  warm.  Malcom  attacked  a  lad  in  the 
street,  and  cut  his  head  with  a  cutlass,  in  return  for  some  words 
from  the  boy,  which  I  suppose  were  irritating.  The  boy  run 
bleeding  through  the  street  to  his  relations,  of  whom  he  had  many. 
As  he  passed  the  street,  the  people  inquired  into  the  cause  of  his 
wounds,  and  a  sudden  heat  arose  against  Malcom,  which  neither 
whigs  nor  tories,  though  both  endeavoured  it,  could  restrain ;  and 
produced  the  injuries  of  which  he  justly  complained.  But  such  a 
coincidence  of  circumstances  might,  at  any  time,  and  in  any  place, 
have  produced  such  aa  effect ;  and  therefore  it  is  na  evidence  of 


■  ■  t  'i 


I 


i    i 


M^ 


60 


ri*' 


II  kI 


)!' 


the  weakness  of  government.  Why  lie  petitioned  the  general 
court,  unlfiss  lie  was  advised  to  it  by  the  tories,  to  make  a  noise, 
I  know  not.  That  court  had  nothing  to  do  with  it.  He  might 
have  brougltt  his  action  against  the  trespassers,  but  never  did. 
He  chose  to  go  to  England  and  get  2001.  a  year,  which  would 
make  his  tarring  the  hickiest  incident  of  his  life. 

The  hospital  at  Marblehcud  is  another  instance,  no  more  owing 
to  the  politicks  of  the  times,  than  the  burning  of  the  temple  at 
Ephesus.  This  hospital  was  newly  erected,  much  against  the 
will  of  the  multitude.  The  patients  were  careless,  some  of  them 
wantonly  so,  and  others  were  suspected  of  designing  to  spread  the 
email  pox  in  the  town,  which  w^s  full  of  people,  who  had  not 
passed  through  the  distemper.  It  is  needless  to  be  particular,  but 
the  apjtrehension  became  general,  the  people  arose  and  burnt  the 
hospital.  But  the  whigs  are  so  little  blameable  for  this,  that  two 
of  the  princij»al  whigs  in  the  province,  gentlemen  highly  esteemed 
and  beloved  in  the  town,  even  by  those  who  burnt  the  building, 
were  owners  of  it.  The  principles  and  temper  of  the  times  had 
no  share  in  this,  any  more  than  in  cutting  down  the  market  in 
Boston,  or  in  demolishing  mills  and  dams  in  some  parts  of  the 
country,  in  order  to  let  the  alewives  pass  up  the  strean^s,  forty 
years  ago.  Such  incidents  happen  in  all  governments  at  times, 
and  it  is  a  fresh  proof  of  the  weakness  of  this  writer's  caube,  that 
he  is  driven  to  such  wretched  shifts  to  defend  it. 

Towards  the  close  of  this  long  speculation,  Massachusetten- 
sis  grows  more  and  more  splenetical,  peevish,  angry  and  absurd. 
He  tells  us,  that  in  order  to  avoid  the  necessity  of  altering  our 
provificial  constitution,  government  at  home  made  the  judges  inde- 
pendent of  the  grants  of  the  general  assembly.  That  is,  in  order 
to  avoid  the  hazard  of  taking  the  fort  by  storm,  they  determined 
to  take  it  by  sap.  In  order  to  avoid  altering  our  constitution,  they 
changed  it  in  the  most  essential  manner:  for  syrely  by  our  charter 
the  province  was  to  pay  the  judges  as  well  as  the  governor. 
Taking  away  this  privilege,  and  making  them  receive  their  pay 
from  the  crown,  was  destroying  the  charter  so  far  forth,  and  mak- 
ing them  dependent  on  the  minister.  As  to  their  being  dependent 
on  the  leading  whigs,  he  means  they  were  dependent  on  the  pro- 
vince. And  which  is  fairest  to  be  dependent  on,  the  province  or 
on  the  minister  ?  In  all  this  troublesome  period,  the  leading  whigs 
had  never  hesitated  about  granting  their  salaries,  nor  ever  once 
moved  to  have  them  lessened,  nor  would  the  house  have  listened 
to  them  if  they  had.  "  This  was  done,  he  says,  to  make  them 
steady."  We  know  that  very  well.  Steady  to  what  ?  Steady  to 
the  plans  of  Bernard,  Hutchinson,  Oliver,  North,  Mansfield  aiid 
Bute ;  which  the  people  thought  was  steadiness  to  their  ruin,  and 
therefore  it  was  found,  that  a  determined  spirit  of  opposition  to  it 
arose,  in  every  part  of  the  province,  like  that  to  the  stamp  act. 

The  chief  justice,  it  is  true,  was  accused  by  the  house  of  repre 
sontatives,  of  receiving  a  bribe,  a  ministerial,  not  a  royal  bribe. 
For  the  king  can  do  no  wrong,  although  he  may  be  deceived  in 


61 


);  iti 


his  grant.  The  minister  is  nccountablc.  The  crime  of  receiving 
an  illegal  patent,  is  not  the  less  for  purchnsin*:  it,  even  of  the  king 
himself.    Many  impeachments  have  heen  for  such  offonces. 

He  talks  about  attcmps  to  strengthen  government,  and  save  our 
charter.  With  what  modesty  can  he  say  this,  \vhen  he  knows 
that  the  overthrow  of  our  charter  was  the  very  object  which  the 
junto  had  been  invariably  pursuing  for  a  long  course  of  years  ? 
Does  he  think  his  readers  are  to  be  deceived  by  such  gross  arts  ? 
But  he  says  "  the  whigs  subverted  the  charter  constitution,  abridg- 
ed the  freedom  of  the  hou.«e,  annihilated  the  freedom  ol  the  board, 
and  rendered  the  governor  a  doge  of  Venice."  The  freedom  of 
the  house  was  never  abridged,  the  freedom  of  the  l)oard  wn» 
never  lessened.  The  governor  had  as  much  power  as  ever.  The 
house  and  board,  it  is  true,  would  do  nothing  in  favour  of  parlia- 
mentary taxation.  Their  judgments  and  consciences  were  a^'ainst 
it;  and  if  they  ever  had  done  any  thing  in  favour  of  it,  it  would 
have  been  through  fear  and  not  frocdom.  The  governor  found 
he  could  do  nothing  in  favour  of  it,  excepting  to  promote,  in  every 
department  in  the  state,  men  who  hated  the  people  and  were 
hated  by  them.  Enough  of  this  he  did  in  all  conscience  ;  and  after 
filling  olTices  with  men  who  were  despised,  he  wondered  that  the 
officers  were  not  revered.  "  They,  the  whigs,  engrossed  all  the 
power  of  the  province  into  their  own  hands."  That  is,  the  house 
and  board  were  whigs ;  the  grand  juries  and  petit  juries  were 
whigs;  towns  were  whigs;  tho  clergy  were  whigs;  the  agents 
were  whigs ;  and  wherever  you  found  people,  you  found  all  whigs ; 
excepting  those  who  had  commissions  from  the  crown  or  the  gov- 
ernor. This  is  almost  true,  and  it  is  to  the  eternal  shame  of  the 
tories,  that  they  should  pursue  their  ignis  fatuus  with  such  un- 
governable fury  as  they  have  done,  after  such  repeated  and  mul- 
tiplied demonstrations,  that  the  whole  people  were  so  universally 
bent  against  them.  But  nothing  will  satisfy  them  still,  but  blood 
and  carnage.  The  destruction  of  the  whigs,  charters,  English  lil)- 
erties  and  all,  they  must  and  will  have,  if  it  costs  the  blood  of  tens 
of  thousands  of  innocent  people.  This  is  the  benign  temper  of 
the  tories. 

This  influence  of  the  whigs,  he  calls  a  democracy  or  republic, 
and  then  a  despotism :  two  ideas  incompatible  with  each  other. 
A  democratical  despotism  is  a  contradiction  in  terms. 

He  then  says,  that  "  the  good  policy  of  the  act  for  regulating  the 
government  in  this  province,  will  be  the  subject  of  some  future 
paper."  But  that  paper  is  still  to  come,  and  I  suspect  ever  will 
be.     I  wish  to  hear  him  upon  it  however. 

With  this,  he  and  the  junto  ought  to  have  begun,  Bernard  and 
the  rest,  in  1764,  ought  to  have  published  their  objections  to  this 
government,  if  they  had  been  honest  men.  and  produced  their 
arguments  in  favour  of  the  alteration,  convinced  tlie  people  of 
the  necessity  of  it,  and  proposed  some  constitutional  plan  for  ef- 
fecting it.     But  the  same  motives  which  iudnceil  them  to  take 


t'.,' ' 


4    >* 


•    ? 


5    /i 


■-    *-1 


1 


1'^ 


62 


Hnother  course,  will  prevail  with  MnMnchusettcnsis  to  wave  the 
good  policy  of  the  act.  He  will  be  much  more  cunningly  em- 
ployed in  labouring  to  terrify  women  and  children  with  the  hor- 
rors of  a  civil  war,  and  the  dread  of  a  division  among  the  people. 
There  lies  your  forty  Massachusettensis,  make  the  most  of  it. 

NOVANGLUS. 


er 

ab! 

fro 

ex 

th 

up 

ten 


i 


i>^i 


I 


% 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bay, 

February  27,  1775. 


MV  KRlENns, 

SUCH  events  as  the  resistance  to  the  stamp  act,  and  to  th* 
tea  act.  particularly  the  destruction  of  that  which  was  sent  by 
the  ministry,  in  the  name  of  the  East  India  Company,  have  ever 
been  cautiously  spoken  of  by  the  whigs,  because  they  knew  the 
delicacy  of  the  subject,  and  they  lived  in  continual  hopes  of  a 
speedy  restoration  of  liberty  and  peace.  But  we  are  now  thrown 
into  a  situation,  which  would  render  any  further  delicacy  upon 
this  point  criminal. 

Be  it  remembered  then,  that  there  are  tumults,  seditions,  pop- 
ular commotions,  insurrections  and  civil  wars,  upon  just  occasions, 
as  well  as  unjust. 

Grotius  B.  I.e.  3.  §,  1.  observes,  "  that  some  sort  of  private 
war  may  be  lawfully  waged — It  is  not  repugnant  to  the  law  of 
nature,  ibr  any  one  to  repel  injuries  by  force. 

§  2.  The  liberty  allowed  before  is  much  restrained,  since  the 
erection  of  tribunals.  Yet  there  are  some  cases  wherein  that 
right  still  subsists  ;  that  is,  when  the  way  to  legal  justice  is  not 
open  ;  for  the  law  which  forbids  a  man  to  pursue  his  right  any 
other  way,  ought  to  be  understood  with  this  equitable  restriction, 
that  one  finds  judges  to  whom  he  need  apply,  &c. 

Sidney's  discourses  upon  government  c.  2.  §  24.  'Tis  in  vain 
to  seek  a  government  in  all  points  ftee  from  a  possibility  of  civil 
warn,  tumults  and  seditions  :  that  is  a  blessing  denied  to  this  life, 
and  reserved  to  complete  the  felicity  of  the  next.  Seditions,  tu- 
mult:*, and  wars  do  atise  from  mistake  or  from  malice  ;  from  just 
occasions  or  unjust.  Seditions  proceeding  from  malice  are  sel- 
dom or  never  seen  in  popular  governments  ;  for  they  are  hurtful 
to  ihe  people,  and  none  have  ever  willingly  and  knowingly  hurt 
themselves.  Thert;  may  be,  and  often  is,  malice  in  those  who 
excite  them  ;    but   the  people   is  ever  deceived,  and  whatev- 


63 


er  is  thereupon  done,  ought  to  be  imputed  to  error,  kc.  But  in 
absolute  monarchies),  almost  all  the  troubles  that  arise  proceed 
from  malice  ;  they  cannot  be  reformed  ;  the  extinction  of  them  in 
exeeedinfi^  difficult,  if  they  have  continued  long  enough  to  corrupt 
the  people  ;  and  those  who  appear  ngaint  them  seek  only  to  sot 
up  themselves  or  their  friends.  The  mischiefs  designed  arc  of- 
ten dissembled,  or  denied,  till  they  are  past  all  possibility  of  be* 
ing  cured  by  any  other  way  than  force  ;  and  such  as  arc  by  ne- 
cessity driven  to  use  that  remedy,  know  they  must  perfect  thcii 
work  or  perish.  He  that  draws  his  sword  against  the  prince,  say 
the  French,  ought  to  throw  away  the  scabbard  ;  for  though  tlie 
design  be  never  so  just,  yet  the  authors  are  sure  to  he  ruined  ii' 
it  miscarry.  Peace  is  seldom  made,  and  never  kept,  unless  thu 
subject  retain  such  a  power  in  his  hands,  as  may  oblige  the  prince 
to  stand  to  what  is  agreed  ;  and  in  time  some  trick  is  found  to 
deprive  him  of  that  benelit.  f 

It  may  seem  strange  to  some  that  I  mention  seditions,  tumults 
and  wars,  upon  just  occasions  ;  but  1  can  find  no  reason  to  re- 
tract the  terms.  God,  intending  that  men  should  live  justly  with 
one  another,  does  certainly  intend  that  he  or  they,  who  do  nu 
wrong,  should  suffer  none  ;  and  the  law  that  forbids  injuries, 
were  of  no  use,  if  no  penalty  might  be  inflicted  on  thosr,  that 
will  not  obey  it.  If  injustice  therefore  be  evil,  and  injuries  be 
forbidden,  they  are  also  to  be  punished  ;  and  the  law,  instituted 
for  their  prevention,  must  necessarily  intend  the  avenging  of  such 
as  cannot  be  prevented.  The  work  of  the  magistracy  is  to  exe- 
cute this  law  ;  the  sword  of  justice  is  put  into  their  hands  to  re- 
strain the  fury  of  those  within  the  society,  who  will  not  be  a  law  to 
themselves  ;  and  the  sword  of  war  to  protect  the  >pople  against 
the  violence  of  foreigners.  This  is  without  exception,  and  would 
be  in  vain  if  it  were  not.  But  the  magistrate  who  is  to  protect 
the  people  from  injury,  may,  and  is  often  known,  not  to  have 
done  it  :  he  sometimes  renders  his  oflice  useless  by  neglecting  to 
do  justice  ;  sometimes  mischievous  by  overthrowing  it-  This  strikei 
at  the  root  of  God's  general  ordinance,  that  there  should  be  laws  ; 
and  the  particular  ordinances  of  all  societies  that  appoi:.t  such  as 
seem  best  to  them.  I'Ae  magistrate  therefore  is  comprehended  under 
both^  and  subject  to  both^  as  zvell  as  private  men. 

The  ways  of  preventing  or  punisliing  injuries  are  judicial  or 
extrajudicial.  Judicial  proceedings  are  of  force  against  those 
who  submit,  or  may  be  brought  to  trial,  but  are  of  no  eficct  against 
those  who  resist,  and  are  of  such  [)ower  that  they  cannot  be  con- 
strained. It  were  absurd  to  cite  a  man  to  appear  before  a  tribu- 
nal, who  can  awe  the  judges,  or  has  armies  to  defend  him  ;  and  impi- 
ous  to  ti  ink  that  he  who  has  added  treaohery  to  his  other  crimes, 
and  usurped  a  power  above  the  law,  should  be  protected  by 
tit  i  enormity  of  his  wickedness.  Legal  proceedings,  therefore, 
are  to  be  used  when  the  delinquent  submits  to  the  law  ;  and  all 
are  just ;  when  he  wUl  not  be  kept  in  order  by  the  legal. 


\ 


;l 


T 

't^j  #1 

Sm  'r 

> 

:-\ 

1 

64 


.iff, 

i: 


r 


t  'A 


The  word  seiliti.on  is  generally  applied  to  all  numerous  assem- 
blies, without  or  against  the  authority  of  the  magistrate,  or  of 
those  who  assume  that  power.  Athaliah  and  Jezebel  were  more 
ready  to  cry  out  treason,  than  David,  &c. 

Tumult  is  from  the  disorderly  manner  of  those  assemblies, 
where  things  can  seldom  be  done  regularly  ;  and  war  is  that  "  de- 
certatio  per  vim,"  or  trial  by  force,  to  which  men  come,  when 
other  ways  are  ineffectual. 

If  the  laws  of  God  and  men,  are  therefore  of  no  effect,  when 
the  magistracy  is  left  at  liberty  to  break  them  ;  and  if  the  lusts  of 
those  who  are  too  strong  for  the  tribunals  of  justice,  cannot  be 
otherwise  restrained  than  by  seditioti,  tumults  and  war;  those 
seditions,  tumults  and  wars,  are  justified  by  the  laws  of  God  and 
man. 

I  will  not  take  upon  me  to  enumerate  all  the  case?  -a  which 
this  may  be  done,4)ut  content  myself  with  three,  which  lave  most 
frequently  given  occasion  for  proceedings  of  this  kina.  The  first 
is,  when  one  or  more  men  take  upon  them  the  power  and  name 
of  a  magistracy,  to  which  they  are  not  justly  called.  The  second, 
when  one  or  more  being  justly  called,  continue  in  their  magistra- 
cy longer  than  the  laws  by  which  they  are  called,  do  prescribe. 
And  the  third,  when  he  or  they,  who  are  rightly  called,  do  assume 
a  power,  though  within  the  time  prescribed,  that  the  law  does 
not  give  ;  or  turn  that  which  the  law  dees  give,  to  an  end  differ- 
ent and  contrary  to  that  which  is  intended  by  it. 

The  same  course  is  justly  used  against  a  legal  magistrate,  who 
takes  upon  him  to  exercise  a  power  which  the  law  does  not  give ; 
for  in  that  respect  he  is  a  private  man.  "  Q,uia,  as  Grotius  says, 
eotenus  non  habct  imperium,"  an«l  may  be  restrained  as  well  as 
any  other,  because  he  is  not  set  up  to  do  what  he  lists,  but  what  the 
law  appoints  for  the  good  of  the  people  ;  and  as  he  has  no  other 
power  than  what  the  law  allows,  so  the  same  law  limits  and  directs 
the  exercise  of  that  which  he  has. 

Puffendorf 's  law  of  nature  and  nations  L.  7.  c.  8.  §  5  and  0. 
Barbeyrac's  note  on  section  6.  When  we  speak  of  a  tyrant  that 
miy  lawfully  hit  dethroned,  we  do  not  mean  by  the  people,  the 
vile  populace  or  rabble  of  the  country,  nor  the  cabal  of  a  small 
number  of  factious  persons ;  but  the  greater  and  more  judicious 
part  of  the  subjects  of  all  ranks.  Besides  the  tyranny  must  be  so 
notorious  and  evidently  clear,  as  to  leave  no  body  any  room  to 
doubt  of  it,  &c.  Now  a  prince  may  easily  avoid  making  himself 
80  universally  suspected  and  odious  to  his  subjects ;  for  as  Mr. 
Locke  says,  in  his  treatise  of  civil  government,  c.  18  §  209.  "  It 
is  as  impossible  tor  a  governor,  if  he  really  means  the  good  of  the 
people  and  the  preservation  of  them  and  the  laws  together,  nut 
to  make  thom  see  and  feel  it;  as  it  is  for  the  father  of  a  family, 
not  to  let  his  children  see  he  loves  and  takes  care  of  them."  And 
therefore  the  general  insurrection  of  a  whole  nation  does  not  de- 
serve the  name  of  u  rebellion.     We  may  see  what  Mr.  Sidney 


G5 


says  upon  this  subject  in  his  discourse  concerning  government 
c.  3.  §  36.  Neither  are  subjects  bound  to  stay  till  the  prince  has 
entirely  finished  the  chains  which  he  is  preparing  for  them,  and 
put  it  out  of  their  power  to  oppose.  It  is  sufficient  that  all  the 
advances  which  he  makes  are  manifestly  tending  to  their  oppres- 
sion, that  he  is  marching  boldly  on  to  the  ruin  of  the  state.  In 
such  a  case,  says  Mr.  Locke,  admirably  well,  ubi  supra  §  2 10.  How 
can  a  roan  any  more  hinder  himself  from  believing  in  his  own 
mind,  which  way  things  are  going,  or  from  casting  about  to  save 
himself,  than  he  could  from  believing  the  captain  of  the  ship  he 
was  in,  was  carrying  him  and  the  rest  of  his  company  to  Algiers, 
when  he  found  him  always  steering  that  course,  though  cross 
winds,  leaks  in  his  ship  and  want  of  men  and  provisions,  did  often 
force  him  to  turn  his  course  another  way  for  some  time,  which 
he  steadily  returned  to  again,  as  soon  as  the  winds,  weather,  and 
other  circumstances  would  let  him."  This  chiefly  takes  place 
with  respect  to  kings,  whose  power  is  limited  by  fundamental 
laws. 

^^  If  it  Is  objected,  that  the  people  being  ignorant,  and  always 
discontented,  to  lay  the  foundation  of  government,  in  the  unsteady 
opinion  and  the  uncertain  humour  of  the  people,  is  to  expose  it  to 
certain  ruin  ;  the  same  author  will  answer  you,  that  on  the  con- 
trary, people  are  not  so  easily  get  out  of  their  old  forms  as 
some  are  apt  to  suggest.  England,  for  instance,  notwithstanding 
the  many  revolutions  that  have  been  seen  in  that  kingdom,  has 
always  kept  to  its  old  legislative  of  king,  lords,  and  commons ; 
and  whatever  provocations  have  made  the  crown  to  be  taken 
from  some  of  their  princes'  heads,  they  never  carried  the  people 
80  far  as  to  place  it  in  another  line.  But  it  will  be  said,  this  hy- 
pothesis lays  a  ferment  for  frequent  rebellion.  No  more,  says 
Mr.  Locke,  than  any  other  hypothesis.  For  when  the  people 
are  made  miserable,  and  find  themselves  exposed  to  the  ill  usage 
of  arbitrary  power ;  cry  up  their  governors  as^you  will  for  sons 
of  Jupiter,  let  them  be  sacred  and  divine,  descended  or  authoris- 
ed from  heaven  ;  give  them  out  for  whom  or  what  you  please, 
the  same  will  happen.  The  people  generally  ill  treated,  and 
contrary  to  right,  will  be  ready  upon  any  occasion  to  ease  them- 
selves of  a  burden  that  sits  heavy  upon  them.  2.  Such  revolu- 
tions happen  not  upon  every  little  mismanagement  in  public  af- 
fairs. Great  mistakes  in  the  ruling  part,  many  wrong  and  incon- 
venient laws,  and  all  the  slips  of  human  frailty  will  be  borne  by 
the  people,  without  mutiny  and  murmur.  3  This  power  in  the 
people  of  providing  for  their  safety  anew  by  a  legislative,  when 
their  legislators  have  acted  contrary  to  their  ^'•ust,  by  invading 
their  property,  is  the  best  fence  aaraiii^^t  rebellion,  and  the  proba- 
blest  means  to  hinder  it ;  for  rpbollion  being  an  opposition,  not 
to  persons,  but  authority,  which  is  I'ouiidcil  only  in  the  con- 
stitutions and  laws  of  the  government :  those  whoever  they  be, 
;.7io  btj  force  bre»l:  through^  (ind  by  fnrcr  jusiit'ii  thf  yioUition  of  them, 


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arc  truly  and.  properly  rebels.  For  when  men  by  entering  into  so- 
ciety, and  civil  government,  have  excluded  force,  and  introduc- 
ed laws  for  the  preservation  of  property,  peace  and  unity, 
among  themselves;  those  who  set  up  force  again,  in  opposition 
to  the  laws,  do  rebellare,  that  is,  do  bring  back  again  the  state 
of  war,  and  are  properly,  rebeis,  as  the  author  shews.  In  the 
last  place,  he  demonstrates  that  there  are  also  greater  inconveni- 
encies  in  allowing  all  to  those  that  govern,  than  in  granting  some- 
thing to  the  people.  But  it  will  be  said,  that  ill  affected  and  fac- 
tious men  may  spread  among  the  people,  and  make  ibem  believe 
that  the  prince  or  legislative,  act  contrary  to  their  trust,  when 
they  only  make  use  of  their  due  prerogative.  To  this  Mr.  Locke 
answers,  that  the  j)eople  however  is  to  judge  of  all  that ;  because 
no  body  can  better  judge  whether  his  trustee  or  deputy  acts  well, 
and  according  to  the  trust  reposed  in  him,  than  he  who  deputed 
him.  He  might  make  the  like  query,  (says  Mr.  LeClerk,  from 
whom  this  extract  is  taken)  anW  ask,  whether  the  people  being 
oppressed  by  an  authority  which  they  set  up,  hut  for  their  own 
good,  it  is  just,  that  those  who  are  vested  with  this  authority, 
and  of  which  they  are  complaining,  should  themselves  be  judges 
of  the  complaints  made  against  them,  The  greatest  flatterers  of 
kings,  dare  not  say,  that  the  people  ai"  'iged  to  suffer  absolute- 
ly all  their  humours,  how  irregular  so  .  jr  they  be  ;  at»d  there- 
fore must  confess,  that  when  no  regard  is  had  to  their  complaints, 
the  very  foundations  of  society  are  destroyed  ;  the  priuce  and 
people  are  in  a  state  of  war  with  each  otlier,  like  two  independ- 
ent states,  that  are  doing  themselves  justice,  and  acknowledge  no 
person  upon  earth,  who  in  a  sovereign  manner,  can  determine 
the  disputes  between  them,  &c. 

If  there  is  any  thing  in  these  quotations,  which  is  applicable 
to  the  destruction  of  the  tea,  or  any  other  branr.h  of  our  subji;ct, 
it  is  not  my  fault ;  I  did  not  make  it.  Surely  Grotius,  Piitfpndorf, 
Barbeyrac,  Locke,  Sidney,  and  LeCIerk,  are  writers,  oi  suffi- 
cient weight  to  put  in  the  scale  ag?  ast  the  mercenary  scnbbiers 
in  New  York  and  Boston,  who  have  the  unexampled  impud«>ncc 
and  folly,  to  cull  tliese  which  are  rei  olution  principles  in  question, 
and  to  ground  th«ir  arguments  upon  passive  obedienc**  as  a  '•-•.rnier 
stone.  What  an  opinion  mu«t  these  writers  have  o4'tl*e  priitciple* 
of  their  patrons,  the  lords  Bute,  Mansfield  and  North,  wh(^"  they 
hope  to  recommend  themselves  by  rcviviaf  that  stupid  do^.trine, 
which  has  been  infamous  -o  many  years.  Rr  Sache  aril  himself 
tells  us  that  his  sermons  were  burn*  by  tlie  Ikands  of  tue  common 
hangman,  by  the  order  of  the  king,  lords  and  commons,  «n  order  to 
fix  an  eternal  and  indelible  brand  of  infamy  on  that  socUme. 

In  the  Gazette  of  January  the  2d,  ^assartwwwtiiinw  eatertains 
you  with  an  account  of  hi'j  own  important  self  This  is  a  subject 
which  he  has  very  much  ai  heart,  but  it  ih  of  ao  consequence  to 
you  or  me,  and  therefore  little  need  be  saK*  of  it.  If  he  had  such 
a  stand  in  the  community,  that  he  could  h»Mo  seen  all  the  polit- 


«7 


< 


ical  matttUTrett  it  is  plnin  he  mast  have  iihut  bis  eyes,  or  he 
never  could  have  mistaken  so  grossly,  causes  for  effects,  and  ef- 
fects for  causes. 

•  He  undertakes  to  point  out  the  principles  and  motives  upon 
which  the  blockade  act  was  made,  which  were  according  to  him, 
the  destruction  of  the  East  India  Company^s  tea.  He  might  have 
said  more  properly  the  ministerial  tea ;  for  such  it  was,  and  the 
company  are  no  losers ;  they  have  received  from  the  public  trea- 
sury compensation  for  it. 

Then  we  are  amused  with  a  long  discourse  about  the  nature  of 
the  British  government,  commerce,  agriculture,  arts^  manufac- 
tures, regulations  of  trade,  custom-house  officers,  which,  as  it  has 
no  relation  to  the  subject,  I  shall  pass  over. 

The  case  is  shortly  this.  The  East  India  Company,  by  their 
contract  with  government,  in  their  charter  and  statute,  are  bound 
in  consideration  of  their  importrnt  profitable  privileges  to  pay  to 
the  public  treasury,  a  revenue,  annually,  of  four  hundred  thousand 
pounds  sterling,  so  long  as  they  can  hold  up  their  dividends,  at 
twelve  per  cent,  and  no  longer. 

The  mistaken  policy  of  the  ministry^  in  obstinately  persisting  in 
their  claim  of  right  to  tax  America,  and  refusing  to  repeal  the  duty 
«n  tea,  with  those  on  glass,  paper  and  paint,  had  induced  all 
America,  except  a  few  merchants  in  Boston,  most  of  whom  were 
closely  connected  with  the  junto,  to  refuse  to  import  tea  from 
Great  Britain;  the  consequence  of  which  was  a  kind  of  stagnation 
in  the  affairs  of  the  company,  and  an  immense  accumulation  of 
tea  in  their  stores,  which  they  could  not  sell.  This,  among  other 
causes,  contributed  to  affect  their  credit,  and  their  dividends  were 
on  the  point  of  faUing  below  twelve  per  x^jnt.  and  consequently 
the  government  was  upon  the  point  of  losing  400,0001.  sterling  a 
year  of  revenue.  The  company  solicited  the  ministry  to  take  off 
the  duty  in  America :  but  they  adhering  to  their  plan  of  taxing  the 
colonies  and  establishing  a  precedent,  framed  an  act  to  enable  the 
company  to  send  their  tea  directly  to  America.  This  was  admired 
as  a  master-piece  of  policy.  It  was  thought  they  would  accom- 
plish four  great  purposes  at  once :  establish  their  precedent  ot 
taxing  America ;  raise  a  large  revenue  there  by  the  duties ;  save 
the  credit  of  the  company,  and  the  400,0001.  to  the  government. 
The  company  however,  were  so  little  pleased  with  this,  that  there 
were  great  debates  among  the  directors,  whether  they  should 
risque  it,  which  were  finally  determined  by  a  majority  of  one  only, 
and  that  one  the  chairman,  being  unwilling  as  it  is  said,  to  inter- 
fere, in  the  dispute  between  the  minister  and  the  coloi|ies,  and  un- 
certain what  the  result  would  be :  ana  this  small  majority  was  not 
obtained,  as  it  is  said,  until  a  suflicient  intimation  was  given  that 
the  company  should  not  be  losers. 

When  the(>e  designs  were  made  known,  it  appeared,  that  Ameri- 
can politicians  were  not  to  be  deceived ;  that  their  sight  was  as 
quick  and  clear  as  the  ministeT^t ;  and  that  they  were  aa  steady  to 


ft'v 


hw 


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I'll 


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I'  ■ 


r'  t^ 


their  purpose,  as  he  ivns  to  bis.  This  was  thought  by  all  the 
colonies  to  be  the  precise  point  of  time,  when  it  became  abso- 
lutely necessary  to  make  a  stand.  If  the  tea  should  be  landed,  it 
would  be  sold ;  if  sold,  the  duties  would  amount  to  a  large  sum, 
which  would  be  instantly  applied  to  increase  the  friends  an^  advo- 
cates for  more  duties,  and  to  divide  the  people  ;  and  the  company 
would  get  such  a  footing,  that  no  oppoi''i.ion  afterwards  could  ever 
he  effectual.  And  as  soon  as  the  duties  on  tea  should  be  estab- 
lished, they  would  be  ranked  among  post*oflice  fees,  and  other 
precedents,  and  used  as  arguments,  both  of  the  right  and  expedi- 
ency of  laying  on  others,  perhaps  on  all  the  necessaries,  as  well  as 
conveniences  and  luxuries  of  life.  The  whole  continent  was 
united  in  the  sentiment,  that  all  opposition  to  parliamentary  taxa- 
tion must  be  given  up  forever,  if  this  critical  moment  was  neglect- 
ed. Accordingly,  New  York  and  Philadelphia  determined  that 
the  ships  should  be  sent  back ;  and  Charleston,  that  the  tea  should 
be  stored  and  locked  up.  This  was  attended  with  no  danger  in 
that  city,  because  they  are  fully  united  in  sentiment  and  affection, 
and  have  no  Junto  to  perplex  them.  Eoston  was  under  greater 
difficulties.  The  consignees  at  New  York  and  Philadelphia  most 
readily  resigned.  The  consignees  at  Boston,  the  children,  cousins, 
and  most  intimate  connections  of  governor  Hutchinson,  refused. 
I  am  very  sorry  that  I  cannot  stir  a  single  step  in  developing  the 
causes  of  my  country's  miseries,  without  stumbling  upon  this  gen- 
tleman. But  so  it  is.  From  the  near  relation  and  most  intimate 
connection  of  the  consignees  with  him,  there  is  great  cause  of 
jealousy,  if  not  a  violent  presumption,  that  he  was  at  the  bottom 
.  of  all  this  business,  that  he  had  planned  it,  in  his  confidential  let- 
ters with  Bernard,  and  both  of  them  joined  in  suggesting  and  re- 
commending it  to  the  ministry.  Without  this  supposition,  it  is 
difficult  to  account  for  the  obstinacy  with  which  the  consignees 
refused  to  resign,  aud  the  governor  to  let  the  vessel  go.  However 
this  might  be,  Boston  is  the  only  place  upon  the  continent,  per- 
haps in  the  world,  which  ever  breeds  a  species  of  misanthropes, 
who  will  persist  in  their  schemes  for  their  private  interest,  with 
such  obstinacy,  in  opposition  to  the  public  good ;  disoblige  all  their 
fellow  citizens  for  a  little  pelf,  and  make  themselves  odious  and 
infamous,  when  they  might  be  respected  and  esteemed.  It  must 
be  said,  however,  in  vindication  of  the  town,  that  this'  breed  is 
spawned  chiefly  by  the  Junto.  The  consignees  would  not  resign ; 
the  custom  house  refused  clearances ;  governor  Hutchinsop  refused 
passes  by  the  castle.  The  question  then  was,  with  many,  whether 
the  governor,  officers,  and  consignees  should  be  compelled  to  send 
the  ships  hence  ?  An  army  and  navy  was  at  hand,  and  bloodshed 
was  apprehended.  At  Inst,  when  the  continent,  as  well  as  the 
town  and  province,  were  waiting  the  issue  of  this  deliberation  with 
the  utmost  anxiety,  a  number  of  persons,  in  the  night,  put  them 
out  of  suspense,  by  an  oblation  to  Neptune.  I  have  heard  some 
gentlemen  say,  ^^  this  was  a  very  unjustifiable  proceediDg"-~"  that 


r 

I 
I 


i{  they  had  gone  at  noon-dny,  and  in  their  ordinary  habits,  and 
drowned  it  in  the  face  of  the  ^vorld,  it  would  have  been  a  merito- 
rious, a  most  glorious  action :  but  to  go  in  the  night,  and  much 
more  in  disguise,  they  thought  very  inexcusable." 

"  The  revenue  was  not  the  consideration  before  parliament,'' 
says  Massachusettensis.  Let  who  will  believe  hitn.  But  if  it  was 
not,  the  danger  to  America  was  the  same.  1  take  no  notice  of  the 
idea  of  a  monopoly.  If  it  had  been  only  a  monopoly  (though  in 
this  light  it  would  have  been  a  very  great  grievance)  it  would  not 
have  excited,  nor  in  the  opinion  of  any  one  justitied  the  step  that 
was  taken.  It  was  an  attack  upon  a  fundamental  principle  of  the 
constitution,  and  upon  th^t  supposition  was  resisted,  after  multi- 
tudes of  petitions  to  no  purpose,  and  because  there  was  no  tribunal 
in  the  constitution,  from  whence  redress  could  have  been  ob- 
tained. 

There  is  one  passage  so  pretty,  that  I  cannot  refuse  myself  Mie 
pleasure  of  transcribing  it.  "  A  smuggler  and  a  whig  are  cousin 
Germans,  the  offspring  of  two  sisters,  avarice  and  ambition.  They 
had  been  playing  mto  each  other^s  hands  a  long  time.  The  smug- 
gler received  protection  from  the  whig,  and  he  in  his  turn  receiv- 
ed support  from  the  smuggler.  The  illicit  trader  now  demanded 
protection  from  his  kinsman,  and  it  would  have  been  unnatural  in 
him  to  have  refused  it ;  and  beside,  an  opportunity  presented  of 
strengthening  his  own  interest." 

The  wit  and  the  beauty  of  the  style,  in  this  place,  seem  to  have 
quite  enraptured  the  lively  juvenile  imagination  of  this  writer. 

The  truth  of  the  fact  he  never  regards,  any  more  than  the  jus- 
tics  of  the  sentiment.  Some  years  ago,  the  smugglers  might  be 
pretty  equally  divided  between  the  vvhigs  and  the  tories.  Since 
that  time,  they  have  almost  all  married  into  the  tory  families,  for 
the  sake  of  dispensations  and  indulgencies.  If  I  were  to  let  my- 
self into  secret  history,  I  could  tell  very  diverting  stories  of  smug- 
gling tories  in  New-York  and  Boston.  Massachusettensis  is  quar- 
relling with  some  of  his  best  friends.  Let  him  learn  more  dis- 
cretion. 

We  are  then  told  that  "  the  consignees  offered  to  store  the  tea, 
under  the  care  of  the  selectmen,  or  a  committee  of  the  town." 
This  expedient  might  have  answered,  if  none  of  the  junto,  nor  any 
of  their  connections,  had  been  in  Boston.  But  is  it  a  wonder, 
that  the  selectmen  declined  accepting  such  a  deposit?  They 
supposed  they  should  be  answerable,  and  nobody  doubted  that  to- 
nes might  be  found  who  would  not  scruple  to  set  tire  to  the  store, 
in  order  to  make  them  liable.  Besides  if  the  tea  was  landed, 
though  only  to  be  stored,  the  duty  must  be  paid,  which  it  was 
thought  was  giving  up  the  point. 

Another  consideration,  which  had  great  weigiit,  was,  the  other 
colonies  were  grown  jealous  of  Boston,  and  thought  it  already 
deficient  in  point  of  punctuality,  against  the  duticd  articles:  and 
if  the  tea  was  once  stored,  artitices  might  be  used,  if  not  violence, 


m 


m 

fm 

^.;M 

I  m 


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(J?" 


70 


to  disperse  it  abroad.  But  if  through  the  continual  yigilance  anA 
activity  of  the  conamittee  and  the  people,  through  a  whole  winter, 
this  should  be  prevented  ;  yet  one  thing  was  certain,  that  the 
tories  would  write  to  the  other  colonies  and  to  England,  thoui- 
ands  of  falsehoods  concerning  it,  in  order  to  induce  the  ministry 
to  persevere,  and  to  sow  jealousies  and  create  divisions  among 
the  colonies. 

Our  acute  logician  then  undertakes  to  prove  the  destruction  of 
the  tea  unjustifiable,  even  upon  the  principle  of  the  whigs,  that 
the  duty  was  unconstitutional.  The  only  argument  he  uses  is 
this  :  that  "  unless  we  purchase  the  tea,  we  shall  never  pay  the 
duty."  This  argument  is  so  frivolous,  and  has  been  so  often  con- 
futed and  exposed,  that  if  the  party  had  any  other,  I  think  they 
would  relinquish  this.  Where  will  it  carry  us  ?  If  a  duty  wai 
laid  upon  our  horse?,  we  may  walk  ; — if  upon  our  butcher's  meat, 
we  may  live  upon  the  produce  of  the  dairy  ;— ^and  if  that  should 
be  taxed,  we  may  subsist  as  well  as  our  fellow  slaves  in  Ireland, 
upon  Spanish  potatoes  and  cold  water.  If  a  thousand  pounds  was 
laid  upon  the  birth  of  every  child,  if  children  are  not  begotten, 
none  will  be  born  ; — if,  upon  every  marriage,  no  duties  will  be 
paid,  if  all  the  young  gentlemen  and  ladies  agree  to  live  batchel- 
ors  and  maidens. 

In  order  to  form  a  rational  judgment  of  the  quality  of  this  trans- 
action, and  determine  whether  it  was  good  or  evil,  we  must  go 
to  the  bottom  of  this  great  controversy.  If  parliament  has  a 
right  to  tax  us  and  legislate  for  us,  in  all  cases,  the  destruction  of 
the  tea  was  unjustifiable  ;  but  if  the  people  of  America  are  right 
in  their  principle,  that  parliame.it  has  no  such  right,  that  the  act 
of  parliament  is  null  and  void,  and  it  is  lawful  to  oppose  and  resist 
it,  the  question  then  is,  whether  the  destruction  was  necessary  ? 
for  every  principle  of  reason,  justice  and  prudence,  in  such  cases, 
demands  that  the  least  mischief  shall  be  done  ;  the  least  evil  among 
a  number  shall  always  be  preferred. 

All  men  aA  convinced  that  it  was  impracticable  to  return  it, 
and  rendered  so  by  Mr.  Hutchinson  and  the  Boston  consignees. 
Whether  to  have  stored  it  would  have  answered  the  end,  or 
been  a  less  misciiicf  than  drowning  it,  I  shall  leave  to  the  judg- 
ment of  the  public.  The  other  colonies,  it  seems,  have  no  scru- 
ples aboui  it,  for  we  find  that  whenever  tea  arrives  in  any  of 
Ihem,  whether  from  the  East  India  Company,  or  any  other  quar- 
ter, it  never  fails  to  share  the  fate  of  thirt  in  Boston.  All  men 
will  agree  that  such  steps  ought  not  to  be  taken,  but  in  cases  of 
absolute  necessity,  and  that  such  necessity  must  be  very  clear. 
But  most  people  in  America  now  think,  the  destruction  of  the 
Boston  tea  was  absolutely  necessary,  and  therefore  right  and 
just.  It  is  very  true,  they  say,  if  the  whole  people  had  been 
united  in  sentiment,  and  equally  stable  in  their  resolution,  not  to 
buy  or  drink  it,  there  might  have  been  a  reason  for  preserving 
ft ;  but  the  people  here  were  not  so  virtuous  or  so  happy.     The 


71 


British  ministrj  had  plundered  the  people  by  illegal  taxes,  an4 
applied  the  money  in  salaries  and  pensions,  by  which  devices, 
they  had  insidiously  attached  to  their  party,  no  inconsiderable 
Bumber  of  persons,  some  of  whom  were  of  family,  fortune  and 
influence,  though  many  of  them  were  of  desperate  fortunes,  each 
of  whom,  however,  had  his  circle  of  friends,  connections  and  de- 
pendants, who  were  determined  to  drink  tea,  both  as  evidence  ol 
their  servility  to  administration,  and  their  contempt  and  hatred 
of  the  people.  These  it  was  impossible  to  restrain  without  vio- 
lence, perhaps  bloodshed,  certainly  without  hazarding  more  than 
the  tea  was  worth.  To  this  tribe  of  the  wicked^  they  say,  must 
be  added  another,  perhaps  more  numerous,  of  the  weak  ;  who 
never  could  be  brought  to  think  of  the  consequences  of  their 
actions,  but  would  gratify  their  appetites,  if  they  could  come  at 
the  means.  What  numbers  are  there  in  every  community,  who 
have  no  providence,  or  prudence  in  their  private  affairs,  but  will 
go  on  indulging  the  present  appetite,  prejudice,  or  passion,  to  the 
ruin  of  their  estates  and  families,  as  well  as  their  own  health  and 
characters  !  how  much  larger  is  the  number  of  those  who  have 
no  foresight  for  the  public,  or  consideration  of  the  freedom  of 
posterity  ?  Such  an  abstinence  from  the  tea,  as  would  have  avoid- 
ed the  establishment  of  a  precedent,  dependent  on  the  unanimity 
of  the  people,  was  a  felicity  that  was  unattainable.  Must  the  wise, 
the  virtuous  and  worthy  part  of  the  community,  who  constituted 
a  very  grea*  majority,  surrender  their  liberty,  and  involve  their 
posterity  in  misery  in  complaisance  to  a  detestable,  though  small 
party  of  knaves,  and  a  despicable,  though  more  numerous  com* 
pany  of  fools  ? 

If  Boston  could  have  been  treated  like  other  places,  like  New 
York  and  Philadelphia,  the  tea  might  have  gone  home  from 
thence,  as  it  did  from  those  cities.  That  inveterate,  desperate 
junto,  to  whom  we  owe  all  our  calamities,  were  determined  to 
hurt  us  in  this,  as  in  all  other  cases,  as  much  as  they  could.  It  is 
to  be  hoped  they  will  one  day  repent  and  be  forgiven,  but  it  is 
very  hai^  to  foi^ive  without  repentance.  When  the  news  of 
this  event  arrived  in  England,  it  excited  such  passions  in  the. 
minister  as  nothing  could  restrain  ;  his  resentment  w.is  inkindicd 
into  revenge,  rage,  and  madness  ;  his  veracity  was  piqued,  as  his 
master  piece  of  policy,  proved  but  a  bubbl-..  The  bautinig  was 
the  fruit  of  a  favourite  amour,  and  no  «voii«!er  that  bis  natural  af. 
fection  was  touched,  when  he  saw  it  dispatched  before  his  eyes. 
His  grief  and  ingenuity,  if  he  h:id  any.  w^>re  uifected  at  the  thought 
that  he  had  misled  the  Eastlndia  Company  so  much  nearer  to  .Ics 
truction,  and  that  he  had  rendered  the  breach  between  the  kiug- 
dom  and  the  colonies  almost  irrecoucileabie  :  his  shame  was  ex- 
«ited  because  opposition  had  gained  a  trijinph  over  him,  and  the 
three  kingdoms  were  laughing  at  him  for  his  obstinacy  and  his 
blunders :  instead  of  relieving  the  company  he  hud  hastened  its 
min :  instead  of  establishing  the  absolute  and  unlimited  sovereign. 


■i% 

V  'y! 

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II 


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ty  of  parliament  over  the  colonics;,  he  had  excited  a  more  deci-' 
sive  denial  of  it,  and  resistance  to  it.  An  election  dre>^  nigh  and 
he  dreaded  the  rcsentnicnt  even  of  the  corrupted  electors. 

In  this  state  of  mind  bordering  On  despair,  he  determines  to 
strike  a  bold  stroke.  Bernard  was  near  and  did  not  fail  to  em- 
brace the  opportunity,  to  push  the  old  systems  Of  the  junto.  By 
attnckini^  all  the  colonies  together,  by  the  stamp-net,  and  the 
paint  and  glass  act,  they  had  been  defeated.  The  charter  con- 
stitution of  the  Massachusetts  Bay,  had  contributed  greatly  to 
both  these  defeats.  Their  representatives  were  too  numerous, 
and  too  frequently  elected,  to  be  corrupted :  their  people  had 
been  used  to  consider  public  affairs  in  their  town  meetings :  their 
counsellors  were  not  absolutely  at  the  nod  of  a  minister  or  goV' 
ftrnor,  but  were  once  a  year  equally  dependant  on  the  governor 
and  the  two  houses.  Their  grand  jurors,  were  elective  by  the 
people,  their  petit  jurors  were  returned  merely  by  lot.  Bern- 
ard and  the  junto  rightly  judged,  that  by  this  Constitution  the  peo- 
ple had  a  check  on  every  branch  of  power,  and  therefore  as  lonjf 
as  if  lasted,  parliamentary  taxations,  &c.  could  never  be  inforced. 

Bernard,  publishes  his  select  letters,  and  his  principles  of  poli- 
ty ;  his  ?on  ivrites  in  defence  of  the  Quebec  bill ;  hireling  garret- 
tcers  are  employed  to  scribble  millions  of  lies  againsi  us,  in 
pamphlets  and  newspapers  ;  and  setters  employed  in  the  coffee 
houses,  to  challenge  or  knock  down  all  the  advocates  for  the  poor 
Massachusetts.  It  was  now  determined,  instead  of  attacking  the 
r.oionies  together,  though  they  had  been  all  equally  opposed  to 
the  plans  of  the  ministry  and  the  claimsof  parliament,  and  there- 
fore upon  ministerial  principles  equally  guilty,  to  handle  them 
one  by  one ;  and  to  begin  with  Boston  and  the  Massachusetts. 
The  destruction  of  the  tea  was  a  tine  event  for  scribblers  and 
speochiliers  to  declaim  upon ;  and  there  was  an  hereditary  hatred 
of  New  England,  in  the  minds  of  many  in  England,  on  account  of 
llieir  non-conforming  principles.  It  was  likewise  thought  there 
was  a  similar  jealousy  and  animosity  in  the  other  colonies  against 
'Vew  England ;  that  they  would  therefore  certainly  desert  her; 
thnt  she  would  be  intimidated  and  submit;  and  then  the  minis- 
ter, among  his  own  friends,  would  acquire  immortal  honour, 
:!s  the  most  able,  skilful  and  undaunted  statesman  of  the  age. 

The  port  bill,  charter  bill,  murder  bill,  Quebec  bill,  making 
allogcther  such  a  frightful  system,  as  would  have  terrified  any 
people,  who  did  not  prefer  liberty  to  life,  were  all  concerted  at 
once  ;  but  all  this  art  and  violence  have  not  succeeded.  This  peo- 
ple, under  great  trials  jmd  dangers,  have  discovered  great  abili- 
ties and  virtues,  and  that  nothing  is  so  terrible  to  them  as  the  loss 
of  their  liberties.  If  these  arts  and  violences  are  persisted  in, 
and  still  greater  concerted  and  carried  on  against  them,  the  world 
will  see  that  their  fortitude,  patience  and  magnanimity  will  rise  in 
proportion. 

"Had  Cromwell,"  says  our  what  shall  I  call  him?  "had  the 
guidance  of  the  national  ire,  your  proud  capital  had  been  levelled 


n 


with  the  dust."  Is  it  any  breacli  of  charity  to  suppose  that  such 
an  event  as  this,  would  have  been  a  gratincation  to  this  writer  ? 
can  we  otherwise  account  for  liis  indulging  himself  in  a  thought  so 
diabolical  ?  will  he  set  up  Cromwell  as  a  model  for  his  dciHed 
lords,  Bute,  Mansfield  and  North  ?  If  he  should,  there  is  nothing 
in  the  whole  history  of  him  so  cruel  as  this.  All  his  conduct  in 
Ireland,  as  excbptionabic  as  any  part  of  his  whole  life,  alfords 
nothing  that  can  give  the  least  probability  to  the  idea  of  this  writer. 
Till  rebellion  in  Ireland,  was  most  obstinate,  and  of  many  years 
diiiMtion ;  1U0,0()0  Protestants  had  been  murdered  in  a  day,  in  cold 
blood,  by  Papists,  and  therefore  Cromwell  might  plead  some  ex- 
cuse, that  cruel  severities  were  necesiaary,  in  order  to  restore  any 
pence  to  that  kingdom.  But  all  this  will  not  justify  him  ;  for  as 
hn>*  been  observed  by  an  historian,  upon  his  conduct  in  this  in- 
stance, "men  are  not  to  divest  themselves  of  humanity,  and  turn 
thoiinelves  into  devils,  because  policy  may  suggest  that  they  will 
succked  better  as  devils  than  as  men  !"  But  is  there  any  parity  or 
similitude  between  a  rebellion  of  a  dozen  years  standing,  in  which 
many  battles  had  been  fought,  many  thousands  fallen  in  war,  and 
100,000  massacred  in  a  day  ;  and  the  drowning  three  cargoes  of 
tea  ?  To  what  strains  of  malevolence,  to  what  flights  of  diabolical 
fury,  is  not  tory  rage  capable  of  transporting  men  ! 

"  The  whigs  saw  their  ruin  connected  with  a  compliance  with 
the  terms  of  opening  the  port."  They  saw  the  ruin  of  their 
country  connected  with  such  a  compliance,  and  their  own  involved 
in  it.  But  they  might  have  easily  voted  a  compliance,  for  they 
were  undoubtedly  a  vast  majority,  and  have  enjoyed  the  esteem 
and  affection  of  their  fellow  slaves  to  their  lust  hours.  Several  of 
them  could  have  paid  for  the  tea,  and  never  have  felt  the  loss. 
They  knew  they  must  suffer,  vastly  more,  than  the  tea  was  worth  ; 
but  they  thought  they  acted  for  America  and  posterity ;  and  that 
they  ought  not  to  take  such  a  step  without  the  advice  of  the  colo- 
nies. They  have  declared  our  cause  their  own — that  they  never 
will  submit  to  a  precedent  in  any  part  of  the  united  colonies,  by 
which  parliament  may  take  away  wharves  and  other  lawful  es- 
tates, or  demolish  charters ;  for  if  they  do,  they  have  a  moral 
certainty  that  m  the  course  of  a  few  years,  every  right  of  Ameri- 
cans will  be  taken  away,  and  governors  and  councils,  holding  at 
the  will  of  a  minister,  will  be  the  only  legislatives  in  the  col- 
onies. 

A  pompous  account  of  the  addressers  of  Mr.  Hutchinson,  then 
follows.  They  consisted  of  his  relations,  his  fellow  Inbonrors  in 
the  tory  vineyard,  and  persons  whom  he  had  raised  in  the  course 
of  four  administrations,  Shirley's,  Pownal's,  Bernard's,  and  his 
own,,  to  places  in  the  province.  Considering-  the  industry  that  was 
used,  and  the  vast  number  of  persons  in  tlje  j>roviuce,  who  iiad 
received  commissions  under  government  upon  his  recommenda- 
tion, the  small  number  of  sub-crihcrs  that  was  obtained,  is  among 
a  thousand  demonstrations  of  the  unanimity  of  this  people.     If  it 

10 


'fill! 


ill 

t. 


i.    '1 


i  i-  1-1 


74 


H 


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ii  ■■ 


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4     t 

m 


(r: 


liud  been  thought  worth  while  to  have  procured  a  remonstrance 
agnin»t  him,  lifty  thousand  subscribuni  might  have  been  easily 
found.  Several  gontloinen  ol'  property  were  nmong  these  nd- 
dreasers,  and  some  of  fair  character  ;  but  their  acquaintance  and 
friendships  lay  among  the  junto  and  their  subalterns  entirely. 
Besides,  did  these  addrossera  approve  the  policy  or  justice  of  any 
one  of  the  bills,  which  were  passed  the  last  session  of  the  late 
parliament  ?  Did  they  acknowledge  the  unlimited  authority  of 
parliament  ?  The  Middlesex  magistrates  remonstrated  against  tax- 
ation :  but  they  w«M*e  Haltered  with  hopes,  that  Mr.  Hutchinson 
would  get  the  port-bill,  he.  repealed  :  that  is,  that  he  would  have 
undone  all,  which  every  one,  but  themselves,  knew  he  has  been 
doing  these  fifteen  years. 

"But  these  patriotic  endeavours,  were  defeated,"  By  what? 
"  By  an  invention  of  the  fertile  brain  of  one  of  our  party  agents, 
called  a  committee  of  correspondence.  "  This  i»  the  foulest,,  sub- 
tlesl  and  must  veneinous  serpent^  that  ever  issued  from  the  eggs  of  *«- 

rfiltOM." 

I  should  rather  call  it,  the  Ichneumon^  a  very  industrious,  ac- 
tive and  useful  animal,  which  was  worshipped  in  Egypt  aH 
a  divinity,  because  it  defended  their  country  from  the  ravages 
of  the  crocodiles.  It  was  the  whole  occupation  of  this  little  crea- 
ture to  destroy  those  wily  and  ravenous  monsters.  It  crushed 
their  eggs,  wherever  they  laid  them,  and  with  a  wonderful  ad 
dress  and  courage,  would  leap  into  their  mouths,  penetrate  their 
entrails,  and  never  leave  until  it  destroyed  them. 

If  the  honour  of  tins  invention  is  due  to  the  gentleman,  who 
is  generally  understood  by  the  "  party  agent"  or  Massachuset- 
tensis,  it  belongs  to  one,  to  whom  America  has  erec;cd  a  statue 
in  her  heart,  for  his  integrity,  fortitude  and  perseverance  in 
her  cause.  That  the  invention  itself  is  very  useful  and  impor- 
tant, is  sulliciently  clear,  from  the  unlimited  wrath  of  the  tories 
against  it,  and  irom  the  gall  which  this  writer  discharges  upon  it. 
Almost  all  mankind  have  lost  their  liberties  through  ignorance, 
inattention  and  disunion.  These  committees  are  admirably  cal- 
culated to  diffuse  knowledge,  to  communicate  intelligence,  and 
promote  unanimity.  If  the  high  whigs  are  generally  of  such  com- 
mittees, it  is  because  the  freeholders,  who  choose  them,  are  such, 
and  therefore  prefer  their  peers.  The  tories,  high  or  low,  if 
they  can  make  interest  enough  among  the  people,  may  get  them- 
selves chosen,  and  promote  the  great  cause  of  parliamentary 
revenues,  and  the  other  sublime  doctrines  and  mysteries  of  tory  ism* 
That  these  committees  think  themselves  "  amenable  to  none," 
is  false  ;  for  there  is  not  a  man  upon  any  one  of  them,  who  does 
not  acknowledge  himself  to  hold  his  place,  at  the  pleasure  of  his 
constituents,  and  to  be  accountable  to  them,  whenever  they  de- 
mand it.  If  the  committee  of  the  town  of  Boston  was  appointed, 
for  a  special  purpose  at  lirst,  their  commission  has  been  renewed 
from  time  to  time  ;  they  have  been  frequently  thanked  by  the 


75 


);;j 


town  for  their  vigilance,  activity  and  disinterested  labours  in  the 
public  service.  Their  doings  have  been  laid  before  the  town  nnd 
approved  of  by  it.  The  malice  of  the  torics  ban  several  times 
swelled  open  their  bosoms,  nnd  broke  out  into  the  most  intempc« 
rate  and  illiberal  invectives  against  it ;  but  nil  in  vain.  It  has 
only  served  to  shew  the  impotence  of  the  torics,  and  increase 
the  importance  of  the  cou)mittec^ 

These  crtmmittees  cannot  be  too  religiously  careful  of  the  ex- 
act  truth  of  the  intelligence  they  receive  or  convey;  nor  too 
anxious  for  the  rectitude  nnd  purity  of^ie  measures  they  propose 
or  adopt ;  they  should  be  very  sure  thVlM^ky  *lo  "<>  injury  to  any 
man's  person,  property  or  character ;  and  they  are  generally  per- 
sons of  such  worth,  that  I  have  no  doubt  of  their  attention  to 
these  rules ;  and  tlwreforc  that  the  reproaches  of  this  writer  are 
mere  slanders. 

If  we  recollect  how  many  states    have    lost    their   liberties, 
merely  from  want  of  communication  with  each  other,  and  union 
among  themselves,  we  shall  think  that  these  committees  may  be 
intended  by   Providence  to  accomplish  great  events.     What   the 
eloquence   and  talents   of  negociation  of  Demosthenes    himself 
could  not  effect,  among  the  states  of  Greece,  might  have  been  ef- 
fected by  90  simple  a  device.     Castile,  Anagon,  Valencia,  Major- 
ca, &c.  all  complained  of  oppression  under  Charles  the  hfth,  dew 
out  into  transports  of  rage,  and  took  arms  against  him.     But  they 
never  consulted  or  communicated  with  each  other.    They  resisted 
separately,  and  were  separately  subdued.     Had  Don  .Tuan  Padil- 
la,  or  his  wife,  been  possessed  of  the  genius  to  invent  a  com- 
mittee of  correspondence,  perhaps  the  liberties  of  the  Spanish  na- 
tion might  have  remained  to  this  hour,  without  any   necessity  to 
have  had  recourse  to  arms.     Hear  the  opinion  of  Dr.  Robertson. 
"While  the  spirit  of  disaffection  was  so  general  among  the  Span- 
iards, and  80  many  causes  concurred  in  precipitating  them  into 
such  violent  measures,  in  order  to  obtain  redress  of  their  griev- 
ances,  it  may  appear  strange  that  the  malecontents  in  the  differ- 
ent kingdoms  should  have  carried  on  their  operations  without  any 
mutual  concert  or  even  any  intercourse  with  each  other.     By 
uniting  their  councils  and  arms,  they  might  have  acted  both  with 
greater  force,  and  with  more  effect.     The  appearance  of  a  na- 
tional confederacy  would  have  rendered  it   no   less  respectable 
among  the  people,  than  formidable  to  the  crown  ;  and  the  empe- 
ror, unable  to  resist  such  a  combination,  must  have  complied  with 
any  terms,  which  the  members  of  it  thought  tit  to  prescribe." 

That  it  is  owing  to  those  committees  that  so  many  persons  have 
been  found  to  recant  and  resign,  and  so  many  others  to  Hy  to  the 
army,  is  a  mistake ;  for  the  same  things  would  have  taken  place,  if 
such  a  committee  had  never  been  in  being,  and  such  persons 
would  probably  have  met  with  much  rougher  usage.  This  wri- 
ter asks,  "  have  not  these  persons  as  good  a  right  to  thmk  and  act 
for  themselves  as  th«  whigs  ?''    I  answer  yes.     hut  if  any  man, 


r- 


0 


li 


>    Pi 


-1' 


;i 


^i! 


h'  - 

If! 


wliififor  lory,  slu  M  lake  it  into  his  hoail  to  think  for  himsRlff  that 
he  hiis  a  right  to  take  my  property,  without  my  consent ;  however 
tender  I  may  be  of  the  right  of  private  judgment  and  the  free- 
dom of  thought,  this  is  a  point  in  which  1  shall  be  very  likely 
to  dilTor  from  him,  and  to  tiiink  for  myself,  that  I  hnvc  a  right 
to  resist  him.  If  any  man  shouWI  think,  ever  so  conscientiously 
that  the  Koman  Catholic  religion  is  better  than  the  Protestant, 
or  that  the  French  government  is  preferable  to  the  British  con- 
!»titution  in  its  purity  ;  Protealants  and  Britons,  will  not  be  so  ten- 
der of  that  nian^s  coaacieiMC  as  to  suffer  him  to  introduce  his 
favourite  religion  and,^U|^nment.  So  the  well  bred  gentle- 
men, who  arc  so  politenio  think,  that  the  charter  constitution 
of  this  province  ought  to  be  abolished,  and  another  introduced, 
wholly  at  the  will  of  a  minister  or  the  croi^ ;  or  that  our  ec- 
clesiastical constitution  is  bad,  and  high  church  ought  to  come 
in,  few  people  will  be  so  tender  of  these  consciences  or  com- 
plainant to  such  polite  taste,  as  to  suffer  the  one  or  the  other  to 
be  established.  There  are  certain  prejudices  among  the  people, 
so  strong,  as  to  be  irresistible.  Reasoning  is  vain,  and  opposition 
idle.  For  example,  there  are  certain  popular  maxims  and  pre- 
cepts called  the  ten  commandments.  Suppose  a  number  of  line 
gentlemen,  superior  to  the  prejudices  of  education,  should  dis- 
cover that  these  were  made  for  the  common  people,  and  are  too 
illiberal  for  gentlemen  of  refined  taste  to  observe;  and  according- 
ly should  engage  in  secret  contidential  correspondences  to  pro- 
cure an  act  of  parliament,  to  abolish  the  whole  decalogue,  or 
to  exempt  theni  from  all  obligation  to  observe  it.  If  they  should 
succeed,  and  their  letters  be  detected,  such  is  the  force  of  pre- 
judice, and  deep  habits  among  the  lower  sort  of  people,  that 
it  is  much  to  be  questioned,  whether  those  refined  geniuses  would 
be  allowed  to  enjoy  themselves  in  the  latitude  of  their  sentiments. 
1  once  knew  a  man,  who  had  studied  Jacob  Beckman  and  other 
mystics  until  he  conscienciously  thought  the  millenium  commenc- 
ed, and  all  human  authority  at  an  end  ;  that  the  saints  only  had 
a  right  to  property,  and  to  take  from  sinners  any  thing  they 
wanted.  In  this  persuasion,  he  very  honestly  stole  a  horse. 
Mankind  pitied  the  poor  man's  infirmity,  but  thought  it  however 
their  duty  to  conflne  him  that  he  might  steal  no  more. 

The  freedom  of  thinking  was  never  yet  extended  in  any  coun- 
try so  far,  as  the  utter  subversion  of  all  religion  and  morality ; 
nor  as  the  abolition  of  the  laws  and  constitution  of  the  country. 

But  "  are  not  these  persons  as  closely  connected  with  the  in- 
terest of  their  country  as  the  whigs  ?"  I  answer,  they  are  not : 
they  have  found  an  interest  in  opposition  to  that  of  their  coun- 
try, and  are  making  themselves  rich  and  their  families. illustrious, 
by  depressing  and  destroying  their  country.  But  "  do  not  their 
former  lives  and  conversations  appear  to  have  been  regulated  by 
principles,  as  much  as  those  of  the  whigs  ?"  A  few  of  them,  it  must 
be   acknowledged,  uptil  scdug^d    by,  th^  bewitchiagchariOP  Ql' 


77 


weaiUiaail  power,  appnared  to  be  men  of  principle.  But  tnkinf( 
the  wbiga  and  tories  on  un  avcriifl^o,  the  balance  of  principle,  as 
well  nr  genius,  learning,  wit  and  wealth,  is  infinitely  in  fovour 
of  the  former.  As  to  som<!  of  these  fugitives,  they  are  known  to 
be  men  of  no  principles  ut  all,  in  religion,  morals  or  government. 

But  the  "  policy"  is  questioned,  and  you  are  asked  if  you  o%- 
poct  to  make  converts  by  it  ?  As  to  the  policy  or  impolicy  of  it, 
I  have  nothing  to  say ;  but  we  do  not  expect  to  make  converts  of 
most  ^>f  those  persons  by  nny  means  whatever,  as  long  as  they 
have  any  hopes  that  the  miniiitry  will  place  and  pension  them. 
The  instant  these  hopes  are  extinguished,  we  all  know  they  will 
be  converted  of  course.  Converts  from  places  and  pensions  are 
only  to  be  made  by  places  and  pensions  ;  all  other  reasoning  is 
idle  ;  these  are  the  penuUima  ratio  of  the  tories,  as  field  pieces 
are  the  ultima. 

That  we  are  not  "  unanimous  is  certain."  But  there  are  nine- 
teen on  one  side  to  one  on  the  other,  through  the  province  ;  and 
ninety-nine,  out  of  an  hundred  of  the  remaining  twentieth  part, 
can  be  fairly  shewn  to  have  some  sinister  private  view,  to  induce 
them  to  profess  his  opinion. 

Then  we  are  threatened  high,  that "  this  is  a  changeable  world, 
and  times  rolling  wheel  may  ere  long  bring  them  uppermost, 
and  in  that  case  we  should  not  wish  to  have  them  fraught  with 
resentment." 

To  all  this  we  answer,  without  ceremony,  that  they  always 
have  been  uppermost,  in  every  respect,  excepting  only  the  es- 
teem and  aflection  of  the  people  ;  thiiii  tlioy  always  have  been 
fraught  with  resentment  (even  their  cunning  and  policy  have  not 
restrained  Hi<rn)  and. we  know  they  always  will  be  ;  that  they 
have  indulged  their  resentment  and  malice,  in  every  instance  in 
which  they  had  power  to  do  it ;  and  we  know  that  their  revenge 
will  never  have  other  limits,  than  their  power. 

Then  this  consistent  writer,  begins  to  flatter  the  people  ;  "  he 
appeals  to  their  good  sense,  he  knows  they  have  it ;"  the  same 
people,  whom  he  has  so  many  times  represented  as  mad  and 
foolish. 

"  1  know  you  are  loyal  and  fiiends  to  good  order."  This  is 
the  same  people  that,  in  the  whole  course  of  his  writings,  he  has 
represented  as  continuing  for  ten  years  together  ia  a  continual 
state  of  disorder,  demolishing  the  chair,  board,  supreme  coprt, 
and  encouriiging  all  sorts  of  riots,  insurrections,  treason  and  re- 
bellion. Such  are  the  shifs  to  which  a  man  is  driven,  when  he 
aims  at  carrying  a  point,  not  at  discovering  truth. 

The  people  are  then  told  that  "  they  have  been  insidiously 
taught  to  believe  that  Great  Brtain  is  rapacious,  cruel  and  vin- 
dictive, and  envies  us  the  inheritance  purchased  by  the  sweat 
and  blood  of  our  ancestors."  The  people  do  not  believo  this — 
they  will  not  believe  it.  On  the  contrary,  they  believe,  if  it  was 
not  for  scandals  constantly  transmitted  from  this  province  by  the 


n 

pi    f   Vil^ 


'■*''» 


m 


tories,  the  nation  would  redress  our  grievances.  Naj  as  little  us 
th'^v  reverence  the  ministry,  they  even  believe  that  the  lords 
North,  Manstield  and  Hute  would  relieve  them,  and  would  have 
done  it  long  ago,  if  they  had  known  the  truth.  The  moment 
this  is  done  "  long  live  our  gracious  king  and  happiness  to  Brit- 
ain," will  resound  from  one  end  of  the  province  to  the  other  ;  but 
it  requires  a  very  little  foiesight  to  determine,  that  no  other  plan 
of  governing  the  province  and  the  colonies  will  ever  restore  a 
harmony  between  the  two  countries,  but  desisting  from  the  plan 
of  taxing  them  and  interfering  with  their  internal  concerns,  and  re- 
turniitg  to  that  system  of  colony  administration,  which  nature  dic- 
tated, and  experience  for  one  hundred  and  fifty  years  found  ui^aful. 

NOVANGLUS. 


I 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bay, 

March  6,   lTf5. 

^^Y  FRIENDS, 

OUR  rhetorical  magician,  in  his  paper  of  January  the  0th 
continues  to  wheedle.  "  jfou  want  nothing  but  to  know  the  true 
state  of  facts,  to  rectify  whatever  is  amiss."  He  becomes  an  ad- 
vocate for  the  poor  of  Boston !  Is  for  making  great  allowance 
for  the  whigs.  '^  The  whigs  are  too  valuable  a  part  of  the  com- 
munity to  lose.  He  would  not  draw  down  the  vengeance  of 
Great  Britain.  He  shall  become  an  advocate  for  the  leading 
wings."  &c.  It  is  in  vain  for  us  to  enquire  after  the  sincerity  or 
consistency  of  all  this.  It  is  agreeable  to  the  precept  of  Horace. 
Irritate  mulcet^  falsis  terror  thus  impiety  ut  magusr  And  that  is  all  he 
desires. 

After  a  long  discourse,  which  has  nothing  in  it,  but  what  has 
been  answered  already,  he  comes  to  a  great  subject  indeed,  the 
British  constitution ;  and  undertakes  to  prove  that  '^  the  a:\th0rit7 
of  parliament  extends  to  the  colonies." 

Why  will  not  this  writer  state  the  question  fairly?  The  whigs 
allow  that  from  the  necessity  of  a  case  not  provided  for  by  com- 
mon law,  and  to  supply  a  defect  in  the  British  dominions,  which 
there  undoubifdiy  is,  if  they  are  to  be  governed  only  by  that  law, 
America  has  all  along  consented,  still  consents,  and  ever  will  con- 
sent, that  parliament  being  the  most  powerful  legislature  in  the 
dominions,  should  reguiate  the  trade  of  the  dominions.  This  is 
founding  the  authority  of  parliament  to  regi'late  our  trade,  upon 
compact  and  consent  of  the  colonies,  not  upon  any  principle  of  com- 


n 


mon  or  statute  law,  not  ^ipon  anv  orignal  principJe  of  the  EneflisFt 
constitution,  not  upon  (l^^  princip!''  that  parliament  i»  the  su- 
preme and  sovereign  legislature  overth«m  in  all  cases  whatsoever. 

The  question  is  not  therfrlore,  whether  the  authority  of  parlia- 
ment extends  to  the  colonies  m  any  cas** ;  for  it  is  admitted  by  the 
whigs  that  it  does  in  that  of  commerce  but  whether  it  extends 
in  all  cases. 

We  are  then  detained  with  a  long  account  of  the  three  siinple 
forms  of  government ;  and  are  told  that  •'  the  fcf  if:i«h  constitution 
consisting  of  king,  lords  and  commons,  ih  formed  upon  the  prin- 
ciples of  monarchy,  aristocracy  and  r1fin<'>«',«'acy,  in  due  pro- 
portion ;  that  it  inclu«^'S  the  principal  « xcellenci*^,  and  ex 
eludes  the  principal  defects  of  the  other  toods  of  fA^ernment— . 
the  most  perfect  system  that  the  wisdom  of  ;»*u»h  ha*  produced, 
and  Englishmen  glory  in  being  subject  to  and  pro^^cted  by  it."" 

Then  we  are  told,  "that  the  colonies  are  a  part  of  the  Brit- 
ish empire.  '  But  what  are  we  to  underst*n<l  by  this?  Some 
of  the  colonies,  most  of  them  indeed,  were  ettled  before  the 
kingdom  of  Great  Britain  was  brought  into  exiirt*"*'',e.  The  union 
of  England  and  Scotland,  was  made  and  establish*''  by  act  of  par- 
liament in  the  reign  of  (jueen  Ann  ;  and  it  was  this  onion  and  stat- 
ute which  erected  the  kingdom  of  Great  Britain.  The  colo- 
nies were  settled  long  before,  in  the  reigns  of  the  Jameses  and 
Charleses.  What  authority  over  them  had  Scotland  ?  ^■cotland, 
England,  and  the  colonies  were  all  under  one  king  before  that  ; 
the  two  crowns  of  England  and  Scotland,  united  on  the  head  of 
James  the  first,  and  continued  united  on  that  of  Charles  the  first, 
when  our  first  charter  was  granted.  Our  charter  being  granted 
by  him,  who  was  king  of  both  nations,  to  our  ancestors,  most  of 
whom  were  post  nati^  born  after  the  union  of  the  two  crowns, 
and  consequently,  as  was  adjudged  in  Calvin's  case,  free,  natural 
subjects  of  Scotland,  as  well  as  England  ;  Lad  not  the  kifig  as 
good  a  right  to  have  governed  the  colonies  by  his  i^cottish,  as  by 
his  English  parliament,  and  to  have  granted  our  charters  under 
the  seal  of  Scotland,  as  well  as  that  of  England  ? 

But  to  wave  this.  If  the  English  parliament  were  to  jroveru 
«18,  where  did  they  get  the  right,  without  nui'  consent  to  tnkv  ihe 
Scottish  parliament  into  a  participation  of  the  government  over  us^ 
When  this  was  done,  was  the  American  share  of  the  dtimocracy  of 
the  constitution  consulted?  If  not,  were  not  the  Americans  de- 
prived of  the  benelit  ot  the  democratical  part  of  the  constitution  ? 
And  is  not  the  democracy  as  essential  to  the  English  conslituiioii, 
as  the  monarchy  or  aristocracy  '!  Should  we  have  boon  more  ef- 
fectually deprived  of  the  beneht  of  the  British  or  Eiif?li«li  con- 
stitution, if  one  or  both  houses  of  parliament,  or  if  our  lufuse 
and  council  had  made  this  union  with  the  twtj  houses  of  jtailia- 
ment  in  Scotland,  without  the  king? 

If  a  new  constitution  was  to  be  formed  for  the  whole  British 
dominions,  and  a  supreme  legislature  coextensive  with  it,  upon 


tOj 


r. 

ti 


hn 


m 


b'-  f 


the  general  principles  of  the  Eng^lish  constitutioti,  an  equal  mixtort 
of  monarchy,  aristocracy  and  democracy,  let  us  see  what  would  be 
necessary.  England  had  six  millions  of  people  we  will  say :  Ame- 
rica had  three.  England  has  five  hundred  members  in  the  house 
of  commons  we  wi'l  say  :  America  must  have  two  hundred  and 
fifty.  Is  it  possible  she  should  maintain  them  there,  or  could  they 
at  such  a  distance  know  the  state,  the  sense  or  exigencies  of  their 
constituents  ?  Ireland,  too,  must  be  incorporated,  and  send  anotl; 
er  hundred  or  two  of  members.  The  territory  ia  the  Easi  I'-uies 
and  West  India  Islands  must  seiul  members.  And  after  all  thisy 
every  navigation  act,  every  act  of  trade  must  be  repealed.  Ame- 
rica and  (he  East  and  West  Indies  and  Africa  too  must  have  equal 
liberty  to  trade  with  all  the  world,  that  the  favoured  inhabitants 
of  Great  liritain  have  n'>w.  Will  the  ministry  thank  Massachuset- 
tensis  for  becoming  an  advoc'ite  for  such  an  union  and  incorpora- 
tion of  all  the  dominions  of  the  king  of  Great  Britain?  Yet  with- 
out such  an  union,  a  legislature  wliicli  shall  be  sovereign  and  su- 
preme in  all  cases  whatsoever,  and  coextensive  with  the  empire, 
can  never  be  established  upon  the  general  principles  of  the  English 
constitution,  which  Massachusettensis  lays  down,  viz  an  equal 
mixture  of  monarchy,  aristocracy  and  democracy.  Nay  further, 
iu  order  to  comply  with  this  principle,  this  now  government,  this 
mighty  Colossus,  which  is  to  bestride  the  narrow  world,  must  have 
an  house  of  lords  consisting  of  Irish,  East  and  West  Indian,  Af- 
rican, Anierican,  as  well  as  English  and  Scottish  noblemen  ;  for  the 
nobility  ought  to  be  .scattered  about  all  the  domiuions,  as  well  as 
ihe  representatives  of  the  commons.  If  in  twenty  years  more 
America  shoulil  have  six  millions  of  inhabitants,  as  there  is  a 
boundless  territory  to  fill  up,  she  must  have  five  hundred  repre- 
-entatives.  Upon  these  principles,  if  in  forty  years  she  should 
have  ttvelve  millions,  a  thousand;  and  if  the  inbal)itants  of  the 
iliree  kingdoms  remain  as  they  are,  being  already  full  of  inhabi- 
ia!jtp,  what  will  become  of  your  supreme  legislative?  It  will  be 
translated,  crown  and  all,  to  America.  This  is  a  sublime  system 
tor  .\merira.  It  will  flatter  those  ideas  of  independency,  which 
»he  lories  impute  to  them,  if  they  have  any  such,  more  than  any 
other  plan  of  indoi)endency  that  1  have  ever  heard  projected. 

"  The  best  writers  upon  the  law  of  nations,  tell  us,  that  when  a 
nation  takes  possession  of  a  distant  country  and  settles  there,  that 
(.ountry,  though  separated  from  the  principal  establishment,  or 
mothercountiy,  naturally  becomes  a  part  of  the  state,  equal  with  its 
ancient  pusses'^ions."  Wc  are  not  told  who  the.se  "  best  writers" 
are :  1  think  we  ought  to  be  introduced  to  them.  But  their 
meaning  may  be  no  more,  than  that  it  is  best  they  should  be  in- 
corporated will>  the  ancient  establishment  by  contract,  or  by  some 
new  law  and  uislitutioii,  by  which  the  new  country  shall  have 
rq\ial  right,  |)owers  and  privileges,  as  well  as  equal  protection ; 
and  be  umler  equal  obligatioiTS  of  obedience  with  the  old.  Has 
there  been  an\  such  contract  between  Britain  and  the  colonics? 


81 


Is  America  incorporated  into  the  realm  ?  Is  it  a  port  of  the  realm  ? 
Is  it  a  part  of  tlio  kingdom?  Has  it  any  share  in  the  Irp-'-iative  of 
the  realm?  The  constitution  requires  that  every  iooi  oC  land 
should  be  represented  in  tlie  third  estate,  the  democratical  branch 
of  the  constitution,  llow  many  millions  of  acres  in  America,  how 
many  thojsands  of  wealthy  landholders,  have  no  representatives 
there. 

But  let  these  "best  writers"  say  what  they  will,  there  is  noth- 
inq-  in  the  law  of  nations,  which  is  only  the  law  of  right  reason, 
applit'd  to  the  conduct  of  nations,  that  requires  that  emifijrants  from 
a  state  that  should  continue,  or  be  made  a  part  of  the  state. 

The  practice  of  nations  has  been  different.  The,Greeks  planted 
colonies,  and  neither  demanded  nor  pretended  any  authority  over 
Ihem,  but  they  became  distinct  mdependent  commonwealths. 

7.'he  Koh^ans  continued  their  colonies  under  the  jurisdiction  of 
the  mother  commonwealth  ;  but,  nevertheless,  she  allowed  them 
the  privile!:>es  of  cities.  Indeed  fliat  sajjacious  city  seems  to  have 
been  aware  of  dillicuUies,  similar  to  those,  under  which  Great 
Britain  is  now  labouring;  she  seems  to  have  been  «en«ible  of  the 
impossibility  of  keeping  colonies,  planted  at  great  distances,  under 
the  absolute  controul  of  her  smatus  consulta.  Harrington  tells  us, 
Oceana  p.  43.  that  the  commonwealth  of  Rome,  by  })lanting  colo- 
nies of  its  citizens  within  the  bounds  of  Italy,  took  the  best  way  of 
propagating  itself,  and  naturalizing  tb  ■  country;  whereas  if  it  had 
planted  such  colonies  without  the  bounds  of  Italy,  it  would  have* 
alienated  the  citizens,  and  given  a  root  to  lilxMty  abroad,  that 
might  have  sprung  up  foreign,  or  savage  and  hostile  to  her ; 
wherefore  it  never  made  any  such  dispersion  of  itself  and  its  strength^ 
till  it  was  under  the  yoke  of  the  emperors,  who  disburdening 
themselves  of  the  people,  as  having  less  apprehension  of  what 
they  could  do  abroad  than  at  home,  took  a  contrary  course.''  But 
these  Italian  cities,  although  established  by  decrees  of  the  senate 
©f  Rome,  to  which  the  colonist  was  always  party,  either  as  a  Ro- 
man citizen  about  to  emigrate,  or  as  a  conquered  enemy  treating 
upon  terms ;  were  always  allowed  all  the  rights  of  Rom:<n  citizens, 
and  were  governed  by  senates  of  their  own.  It  was  the  policy  of 
Rome  to  conciliate  her  colonic^,  by  allowing  them  e(iual  liberties 
with  her  citizens.  Witness  the  example  of  the  Priveruates.  This 
people  had  been  concpn^red,  and  roniplaining  of  oppressions,  re- 
volted. At  last  they  sent  ambassadors  to  Rome  to  treat  of  peace 
The  senate  was  divided  in  opinion.  .Some  were  fur  violent,  others 
for  lenient  measures.  In  the  course  of  the  debate,  a  senator,  whose 
opinion  was  for  bringing  tk( in  to  hisfcct^  |)roudIy  a-IuMl  one  of  the 
ambassadors,  what  punishment  he  thought  his  counir} men  tloserv- 
od  ?  Earn  inqnit,  quani  mcrentur,  qui  sc  lilierUitc  dii^nos  consent. 
"hat  punishment  which  those  deserve,  who  think  themselves  wor- 
thy of  liberty.  Another  senator,  seeing  iliat  thc!  inluairrial  mctit' 
herswexe  exa.'^perated  with  the  hone-t  answer,  in  ordor  to  divert 
their  anger,  asks  another  queslinu.     Uhut  ii'wp  ri  rjiit  all  punish- 

11 


m 


I    '4 


|i 


I 


i'  X< 


m 


.lis   ■* I 

'li     z  ,1, 


i,  •,  ■ 
I*     ■    I 


I  ■< 


I'r 


I  ■'■', 


82 


ment?  What  kind  of  a  peace  may  we  hope  for  with  you?  Sibonam 
dcdcrith,  inquit  it  fidain^  ct  perpctwtm  ;  si  inalam^  hand  diuturtij^in. 
If  you  give  us  a  just  peace,  it  will  be  faithfully  observed,  and  per- 
petually :  but  if  a  bad  one,  it  will  not  last  long^.  The  ministerial 
senators  were  all  on  fire  at  this  answer,  cried  out  sedition  and  re- 
bellion ;  but  the  wiser  majority  decreed,  "  viri  et  liberie  voctmau- 
diiam^  aii  C7-cdi  posse^  uUum  populum,  aut  hominein  denique,  in  ea 
conditioner  cujtis  cum  paeniteaty  dixitius^  quam  ncccsse  sit^mansuruin  ? 
Ibi  pacem  esse  fdain,  ubi  voluntarii  pacati  sint;  neque  eo  loco^  ubi  ser- 
ritntem  esse  veUnt,  Jidctn  sperandnin  esse.^^  "  That  they  had  heard 
the  voice  of  a  man  and  a  son  of  liberty  ;  that  it  was  not  natural  or 
credible  that  any  people,  or  any  man,  would  continue  longer  than 
necessity  should  compel  him,  in  a  condition  that  grieved  and  dis- 
pleased him.  A  I'aithful  peace  was  to  be  expected  from  men 
whose  iiffections  were  conciliated,  nor  was  any  kind  of  fidelity  to 
be  expected  from  slaves."  The  consul  exclaimed,  "  Ec  demum 
qui  nikil^  praeterqiinin  de  libcrtate^  existent,  di'^nos  cise  qui  R'unani 
fiant.'*''  'i'liat  they  who  regarded  nothing  so  much  as  their  liberty, 
deserved  to  be  Rouians.  *'  Itaqxtc  et  in  senatu  causiun  obtinuerc^  et 
ex  auctoritatr.  pntnim,  latum  ad  popxdum  m<,  «<  Privernatibiis  civitas 
durcttii-y  Therefore  the  I'rivernates  obtained  their  cause  in  the 
senate,  and  it  was  b}'  the  authority  of  those  fathers,  recommended 
to  the  people,  that  the  privileges  of  a  city  should  be  granted  them. 
The  practice  of  free  nations  only  can  be  adduced,  as  precedents 
of  what  the  law  of  nature  has  been  thought  to  dictate  upon  this 
subject  of  colonies.  Their  practice  is  different.  The  senate  and  peo- 
ple of  Rome  did  not  interfere  commonly  by  making  laws  for  their 
colonies,  but  left  them  to  be  ruled  by  their  governors  and  senates. 
Can  Massachusettensis  produce  from  the  whole  history  of  Rome,  or 
from  the  I)igest,one  example  of  a  Scnatus  consultum  or  a  Plebiscitum 
laying  taxes  on  the  colony  1 

Having  mentioned  the  wisdom  of  the  Romans,  for  not  planting 
colonies  out  of  Italy,  and  their  reasons  for  it,  I  cannot  help  recol- 
lecting an  observation  of  Harrington,  Oceana,  p.  44.  "  For  the 
colonies  in  the  Indies,"  says  he,  "  they  are  yet  babes,  that  cannot 
live  without  sucking  the  breasts  of  their  mother  cities ;  but  such  as 
I  mistake, if,  when  tliey  come  of  age,  they  do  not'.vean  themselves, 
which  causes  me  to  wonder  at  princes  that  delight  to  be  exhaust- 
ed that  way."  This  was  written  120  years  ago  ;  the  colonies  are 
now  nearer  manhood  than  ever  Harrington  foresaw  they  would 
arrive,  in  such  a  period  of  time.  Is  it  not  astonishing  then,  that 
any  British  minister  should  ever  have  considered  this  subject  so 
little,  as  to  believe  it  possible  for  him  to  new  model  all  our  go- 
vernments, to  tax  us  by  an  authority  that  never  taxed  us  before, 
and  subdue  us  to  an  implicit  obedience  to  a  legislature,  that  mil- 
lions of  us  scarcely  ever  thought  any  thing  about? 

1  have  said,  that  the  practice  of  free  governments  alone  can  be 
quoted  witli  propriety,  to  shew  the  sense  of  nations.  But  the 
sense  and  practice  of  nations  is  not  enough.  Their  practice  must 
be  reasonable,  just  and  right,  or  'A  will  not  r^overa  Americans. 


It 


w 


03 


Absolute  monarchies,  whatever  their  practice  may  be,  are  noth- 
ing to  us.  For  as  Harrington  observes,  "Absolute  monarchy, 
as  that  of  the  Turks,  neither  plnnts  its  people  nt  home  nor  abroad, 
otherwise  than  as  tenants  for  \'\tn  or  nt  will ;  wherclore  its  national 
and  provincial  government  is  all  one." 

I  deny,  therefore,  that  the  pnicticc  of  free  nations,  or  the  opin- 
ions of  the  best  writers  upon  the  law  of  nations,  will  warrant  the 
position  of  Massachusettensis,  that  when  a  nation  takes  possession 
of  a  distant  territory,  that  becomes  a  part  of  the  state  eijually  with 
its  ancient  possessions.  The  practice  of  free  nations,  and  the 
opinions  of  the  best  writers,  are  in  general  on  the  contrary. 

I  agree,  that  "  two  supreme  and  independent  authorities  can- 
not exist  in  the  same  state,"  any  more  than  two  supreme  beings 
in  one  universe.  And  therefore  I  contend,  that  our  provincial 
legislatures  are  the  only  supreme  authorities  in  our  colonies. 
Parliament,  notwithstanding  this,  may  be  allowed  an  authority  su- 
preme and  sovereign  over  the  ocean,  which  may  be  limited  by 
the  banks  of  the  ocean,  or  the  bounds  of  our  charters ;  our 
charters  give  us  no  authority  over  the  high  seas.  Parliament 
has  our  consent  to  assume  a  jurisdiction  over  them.  And  here  is 
a  line  fairly  drawn  between  the  rights  of  Britain  and  the  rights  of 
the  colonies,  viz.  the  banks  of  the  ocean,or  low  water  mark  ;  the 
line  of  division  between  common  law  and  civil,  or  maritime  law. 
If  this  is  not  sufficient — if  parliament  are  at  a  loss  for  any  princi- 
ple of  natural,  civil,  maritime,  moral  or  common  law,  on  which  to 
ground  any  authority  over  the  high  seas,  the  Atlantic  especially, 
let  the  Colonies  be  treated  li'>;e  reasonable  creatures,  and  they 
will  discover  great  ingenuity  and  modesty.  The  acts  of  trade 
and  navigation  might  be  contirmed  by  provincial  law 
ried  into  execution  by  our  own  courts  and  juries,  and  i 
illicit  trade  would  be  cut  up  by  the  roots  forever.  .  '  new  the 
smuggling  tories  in  New-York  and  Boston  would  cry  vut  against 
this,  because  it  would  not  only  destroy  their  profitable  game  of 
smuggling,  but  their  whole  place  and  pension  system.  But  the 
whigs,  that  is  a  vast  majority  of  the  whole  continent,  would  n«t 
regard  the  smuggling  tories.  In  one  wor:i,  if  public  principles 
and  motives  and  arguments,  were  alone  to  determine  this  dispute 
between  the  two  countries,  it  might  be  settled  forever,  in  a  few 
hours ;  but  the  everlasting  clamours  of  prejudice,  passion  and 
private  interst,  drown  every  consideration  of  that  sort,  and  are 
precipitating  us  into  a  civil  war. 

"  If  then  we  are  a  part  of  the  British  empire,  we  must  be 
subject  to  the  supreme  power  of  the  state,  which  is  vested  in  th« 
estates  in  parliament." 

Here  again  we  are  to  be  conjured  out  of  our  senses  by  the 
magic  in  the  words  "  British  empire,"  and  "  supreme  power  of 
the  state."  But  however  it  may  sound,  I  say  we  are  not  a  part 
of  the  British  empire ;  because  the  British  government  is  not  an 
empire.     The  governments  of  France,  Spain,  &c.  are  not  em- 


cjir- 


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ii  this  case 
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M'-' 


pires,  but  monarchics,snpi)08ed  to  be  governed  by  fixed  fundamen- 
tal  laws,  tUoiiffh  not  really.  The  British  government  is  still 
less  intited  to  the  ftyle  of  an  empire  :  it  is  a  limited  monarchy. 
If  Aristotle,  Li\  y,  and  Harrington  knew  what  a  republic  was,  the 
British  constitiiti.on  is  much  more  like  a  republic,  than  an  empire. 
They  define  a  republic  to  be  a  government  ttf  lawn,  and  not  of 
men.  If  this  definition  is  just,  the  British  constitution  b  nothing 
more  nor  less  than  a  republic,  in  which  the  king  is  first  magis- 
trate. This  oflice  being  hereditary  and  being  possessed  of  such 
ample  and  splendid  prerogaiives,is  no  objection  to  the  government'? 
beiiiif  a  republic,  as  long  as  it  is  bound  by  fixed  laws,  which  the 
people  have  a  voice  in  making,  and  a  right  te  defend.  An  em- 
pire is  a  despotism,  and  an  emperor  a  despot,  botuid  by  no  law  or 
imitation,  but  his  own  will :.  it  is  a  stretch  of  tyranny  beyond  ab- 
eoliile  monarchy.  For  altliougli  the  will  of  an  absolute  monarch 
is  law,  yet  his  edicts  must  l)e  registered  by  parliaments.  Even 
this  forn»aiity  is  not  necessary  in  an  empire.  There  the  maxim 
is  (jund  priucipi  plncuit^  legis  huhcl  vigorem,  even  witiioul  having 
that  will  and  pleasure  recorded.  There  are  but  three  empires 
now  in  Europe,  the  German,  or  holy  Roman,  the  llassian  and  the 

OttitUKMI. 

There  is  another  sense  indeed,  in  which  the  word  empire  is 
UPed,  in  which  it  may  be  applied  to  the  goveinmcnt  of  Geneva, 
or  any  other  repul)lic,  as  wel'  as  to  monarchy,  m-  (k'>|>i)tism.  In 
this  sense  it  is  s^Mionitnnus  with  government,  rile,  or  dominion. 
In  this  sense,  we  are  within  the  dominion,  rule,  or  government  of 
the  king  of  Great  Britain. 

The  (juestion  should  be,  v.'hether  we  are  a  part  of  the  kingdom 
ef  Great  Britain:  this  is  the  only  language,  known  in  English 
laws.  We  are  not  then  ii  part  of  the  British  kingdom,  realm  or 
state  ;  and  therefore  the  supreme  power  of  the  kingdom,  realm 
or  state,  is  not  upon  these  principles,  the  supreme  power  of  us. 
That  "  supreme  power  over  America  is  vested  in  the  estates  in 
parliament,"  is  an  affront  to  us  ;  for  there  is  not  an  acre  of  Amer- 
ican land  represented  there — there  are  no  American  estates  in 
parliament. 

To  say  that  we  '•  must  be"  subject,  seems,  to  betray  a  con- 
sciou«i!e^-<,  tliat  we  are  not  by  any  law  or  upon  any  principles, 
l)Ut  those  of  mere  power  ;  and  an  opinion  that  we  ought  to  be  or 
that  it  is  necessary  that  we  should  be.  But  if  this  shouhl  be,  ad- 
mitted, for  argument's  sake  only,  what  is  the  consequence  ?  The 
r,onse((uences  that  may  fairly  be  drawn  are  these : — That  Britain 
hai  been  impru;ieiit  enough  to  let  colonies  be  planted,  until  they 
are  b'M-.ome  numerous  and  important,  without  ever  having  wis- 
dom enough  to  concert  a  plan  for  their  government,  consistent 
with  her  own  welfare  :  that  now  it  is  neccessary  to  make  them 
sr.bniit  to  the  authority  of  parliament :  and  because  there  is  no 
(innciple  of  law  or  justice,  or  reason,  by  which  she  can  eflfect  it; 
therefore  sh(!  will  resort  to  war  and  conquest — to  the  maxim 
ddcndii  est  Carthago.     These  are  the  consequences,  according  to 


n\- 


this  writer's  idea.  We  think  tho  consequences  nrc,  that  she  has 
after  150  years,  discovered  a  defect  in  her  jrovernment,  which 
ought  to  he  suppHed  by  some  just  and  reasonable  means ;  that  is, 
by  the  consent  of  the  colonics ;  for  metaphysicians  and  politicians 
may  dispute  forever,  but  they  will  never  find  any  other  moral 
principle  or  foundation  of  rule  or  obedience,  than  the  consent  of 
governors  and  governed.  She  has  found  out  that  the  great  ma- 
chine will  not  go  any  longer  without  u  new  wheel.  She  will  make 
this  herself.  We  think  she  is  making  it  of  such  materials  and 
workmanship  as  will  tear  the  whole  machine  to  pieces.  We  are 
willing  if  she  can  convince  us  of  the  necessity  of  such  a  wheel,  to 
assist  with  artists  and  materials,  in  making  it,  so  that  it  may  answer 
the  end.  But  she  says,  we  shall  have  no  share  in  it ;  and  if  we 
will  not  let  her  patch  it  up  as  she  pleases,  her  Massachusettensis 
and  other  advocates  tell  us,  she  will  tear  it  to  pieces  herself,  by 
cutting  our  throats.  To  this  kind  of  reasoning  we  can  only  an- 
swer, that  we  will  not  stand  still  to  he  butchered.  We  will  de- 
feud  our  lives  as  long  as  providence  shall  enable  us. 

"•  It  is  beyond  doubt,  that  it  was  the  sense  both  of  the  parent 
country  and  our  ancestors,  that  they  were  to  remain  subject  to  par- 
liament." 

This  has  been  often  asserted,  and  as  often  contradicted,  and  fully 
confuted.  The  confutation  may  not,  however,  have  come  to  eve- 
ry eye  which  has  read  this  newspaper. 

Tlie  public  acts  of  kings  and  ministers  of  state,  in  that  age, 
when  our  ancestors  emigrated,  which  were  not  complained  of,  re- 
monstrated and  protested  against  by  the  commons,  are  looked 
upon  as  sufficientproof  of  the  "sense"  of  the  parent  country. 

The  charter  to  the  treasur-'.  and  company  of  Virginia,  23d 
March,  IGOi),  grants  ample  power  of  government,  legislative, 
executive  and  judicial,  and  then  contains  an  express  covenant "  to 
and  with  the  said  treasurer  and  ccmpany,  their  successors,  factors 
and  assigns,  that  they,  and  every  of  them,  shall  be  free  from  all 
taxes  and  impositions  forever,  upon  any  goods  or  merchandizes, 
at  any  time  or  times  hereafter,  either  upon  importation  thither, 
or  exportation  from  thence,  into  our  realm  of  England,  or  into 
any  other  of  our  realms  or  dominions." 

1  agree  with  this  writer,  that  the  authority  of  a  supreme  legis- 
lature, includes  the  right  of  taxation.  Is  not  this  (juotation  then 
an  irresistible  proof,  that  "  it  was  not  the  sense  of  kmg  James  or 
his  ministers,  or  of  the  ancestors  of  the  V^irginians,  that  they  were 
to  remain  subject  to  parliament  as  a  supreme  legislature  ?" 

After  this,  James  issued  a  proclamation,  recalling  the  patent, 
but  this  was  never  regarded.  Then  Charles  issued  another  pro- 
clamation, which  produced  a  remonstrance  from  Virginia, 
which  was  answered  by  a  letter  from  the  lords  of  the 
privy  council,  !22d  July,  1634,  containing  the  royal  assurance  that 
"all  their  estates,  trade,  freedom,  and  privileges  should  be  en- 
joyed by  them,  in  as  extensive  a  manner,  as  they  enjoyed  them 
before  those  proclamations." 


}    '. 


■ !  ■ '^ 


u 


86 


Here  19  another  evidence  of  the.  sense  of  the  king  and  his  nninis- 
tcr.i. 

Afterwards  parliament  sent  a  squadron  of  ships  to  Virginia;  the 
colon}'  rose  in  open  resistance  until  the  parliamentary  commission- 
ers granted  them  conditions,  that  they  should  enjoy  the  privileges 
of  Englishmen;  that  their  assembly  should  transact  the  affairs  of 
the  colonies ;  that  they  should  have  a  free  trade  to  all  places  and 
nations,  as  the  pcojile  of  England ;  and  fourthly,  that  "  Virginia 
shall  he  free  from  all  taxes^  customs,  and  impositions  whatever,  and 
none  shall  he  imposed  on  them  without  consent  of  their  general 
jr»sembly  ;  and  that  neither  forts  nor  castles  be  erected,  or  garri- 
sons maintained,  without  their  consent." 

One  would  think  this  was  evidence  entiugh  of  the  sense  both  of 
the  parent  country  and  our  ancestors. 

After  the  acts  of  navigation  were  passed,  Virginia  sent  agents  to 
England,  and  a  remonstrance  against  those  acts.  Charles,  in  an- 
swer, sent  a  declaration  under  the  privy  seal,  19th  April,  1676, 
athrminjr,  "  that  taxes  ought  not  to  he  laid  upon  the  inhabitants 
and  proprietors  of  the  colony,  hut  by  the  common  consent  of  the 
general  assembly ;  except  such  impositions  as  the  parliament 
should  lay  on  the  commodities  imported  into  England  from  the 
colony."  And  he  ordered  a  charter,  under  the  great  seal,  to  se- 
cure this  right  to  the  Virginians 

What  becomes  of  the  "sense"  of  the  parent  coTintry  and  our 
ancestors?  for  the  ancestors  of  the  Virginians  are  our  auci'.stors, 
when  we  speak  of  ourselves  as  Americans.  From  Virginia  let  us 
pass  to  Maryland,  Charles  1st,  in  l(i.'53,  gave  a  charter  to  the 
baron  of  Baltimore,  containing  ample  powers  of  government,  and 
this  express  covenant :  "  to  and  with  the  said  lord  Baltimore,  his 
heirs  and  assigns,  that  we,  our  heirs  and  successors,  shall  at  no 
time  hereafter,  set  or  make,  or  cause  to  be  set  any  imposition, 
custom,  or  other  taxation,  rate,  or  contribution  whatsoever,  in  und 
uj'on  the  dwellings  and  inhabitants  of  the  aforesaid  province,  for 
their  lands,  tenements,  goods  or  chattel:*,  within  the  said  province  j 
or  to  be  laden  or  unladen,  within  the  ports  or  harbours  of  the  said 
province." 

What  then  was  the  "sense"  of  the  parent  country,  and  the  an- 
cestors of  Maryland?  liut  if  by  "  our  ancestors,"  he  confines  his 
idea  to  >iew  England  or  this  province,  let  us  consider.  The  first 
planters  of  Plymouth  were  our  ancestors  in  the  strictest  sense. 
They  had  no  charter  or  patent  for  the  land  they  took  possession 
of,  and  derived  no  authority  from  the  English  parliament  or  crown, 
to  set  up  their  government.  They  purchased  land  of  the  Indians, 
and  set  up  a  government  of  tlieir  own,  on  the  simple  principle  of 
nature,  and  afterwards  purchased  a  patent  for  the  land  of  the 
council  at  IMymouth,  but  never  purchased  any  charter  for  govern- 
ment of  the  crown,  or  the  king,  and  continued  te  exercise  all  the 
powers  of  government,  legislative,  executive  and  judicial,  upon 
ihe  plain  ground  of  an  original  contract  am'ong  ri  dependent  iudi- 


87 


viduaU  for  68  years,  i.  e.  until  their  incorporation  with  Massnchu 
letts  by  our  present  charter.  The  same  may  be  said  of  the  colo* 
Dies  which  emigrate<l  to  Say-Brook,  New-Haven,  and  other  parts 
of  Connecticut.  They  seem  to  have  had  no  idea  of  dependence 
on  parliament,  any  more  than  on  the  conclave.  The  secretary 
of  Connecticut  has  now  in  his  possession,  an  original  letter  from 
Charles  2d.  to  that  colony,  in  which  he  considers  them  rather 
as  friendly  alliep,  than  as  i«ubjects  to  his  English  parliament,  and 
even  requests  them  to  pass  a  law  in  their  assembly  relative  to 
piracy. 

The  sentiments  of  your  ancestors  in  the  Massachusetts,  may 
be  learned  from  almost  every  ancient  paper  and  record.  It  would 
he  endless  to  recite  all  the  passages,  in  which  it  appears  that  they 
thought  themselves  exempt  from  the  authority  of  parliament,  not 
only  in  the  point  of  taxation,  but  in  all  cases  whatsoever.  Let  mn 
mention  one.  Randolph,  one  of  the  predecessors  of  Massachuset- 
tennis,  in  a  represcntiition  to  Charles  '2d.  dated  20th  September, 
167fj,  says,  "  I  went  to  visit  the  governor  at  his  house,  and  among 
other  discourse,  I  told'him  I  took  notice  of  several  ships  that  were 
arrived  at  Boston,  some  since  my  being  there,  from  Spain,  France, 
Streights,  Cannries,  and  other  parts  of  Europe,  contrary  to  your 
majesty's  laws  for  encouraging  navigation  and  regulating  the  trade 
of  the  plantations. ■'  1  le  freely  declared  to  me,  that  the  law  made 
hy  your  majesty  and  your  parliament,  obligeth  them  in  nothing 
but  what  consists  with  the  interest  of  that  colony,  that  the  legisla- 
tive power  is  and  iibidcs  in  them  solely  to  act  and  make  laws  by 
virtue  of  a  charter  fiom  your  majesty's  royal  father,  here  is  a 
positive  assertion  of  an  exemption  from  the  authority  of  parlia 
ment,  even  in  the  case  of  the  rogulation  of  trade. 

Afterwards  in   1677,  the  general  court  passed  a  law,  which 
shews  the  sense  of  our  ancestors  in  a  very  strong  light.     It  is  in 
these  words.     "  This  court  being  informed,  by  letters  received 
this  day  from  our  messengers,  of  his  majesty's  expectation  that 
the  acts  of  Trade  and  Navigation   be  exactly  and  punctually  ob- 
served by  this  his  majesty's  colon3%  his  pleasure  therein  not  hav 
ing  before  now,  signiticd  unto  us,  either  by  express  from  his  maj- 
esty, or  any  of  his  ministers  of  smte ;  It  is  therefore  hereby  or- 
dered, and  by  the  authority   of  this  court  enacted,  that  hence* 
forth,  all   masters  of  sliips,  ketches,  or  other  vessel?,  of  greater 
or  lesser  burthen,  arriving  in,  or  sailing  from  any  of  the  ports  in 
this  jurisdiction,  do,  without  ctovcn,  or  fraud,  yield    faithful   and 
constant  obedience  unto,  and   observation  of  all  the  said  acts,  of 
navigation  and  trade,  on  penalty  of  .sntfertni;;  such  forl'tatnres,  loss 
and  damage  as  in  the  said  acts  art   particularly  expressed.     And 
the  governor  and  council,  and  all  otHcers  commissionated  uul  au- 
thorised by  them,  are   hereby  ordered  and  ro,quired  to  sec   to 
the  strict  observation  of  the  said  acts."     As  soon  as  they  had  jias- 
sed  this  law,  they  wrote  a  letter  to  their  afi^ent.  in  which  they 
acknowledge   they   bad  not  conformed  to  the  acts  of  trade;  am' 


ft 


88 


they  Siiy,  they  "  npprchendcd  them  to  be  an  itivasiou  of  the 
rights,  liberties  and  properties  of  the  subjectn  of  his  majesty  in  the 
colony,  they  not  hc'ux^  represented  in  parliament,  and  according 
to  the  usual  sayinj^s  of  the  learned  in  the  law,  the  laws  of  England 
\aere  bounded  within  tht  four  teas,  and  did  not  reach  Jlincrica.  How- 
«»ver,  as  his  majcxty  had  sijU'nitied  his  pleasure,  that  these  acts 
should  be  observed  in  the  Massachusetts,  they  had  made  provision 
by  a  law  of  the  colony,  that  they  should  be  strictly  attended  to, 
trom  time  to  time,  althougfh  it  greatly  discouraged  trade,  and  was 
a   great  damage  to  his  majesty's  plantation.*' 

Thus  it  appears,  that  the  ancient  Massachusettensians  and  Vir- 
ginians., had  precisely  tlie  same  sense  of  the  authority  of  parlia- 
ment vix.  that  it  had  none  at  all :  and  the  same  sense  of  the  nc- 
<  pssity,  that  i»y  the  volinitary  act  of  the  colonies,  their  free 
cheerful  consent,  it  should  be  allowed  the  power  of  legulating 
trade  :  and  this  is  precisely  the  idea  of  the  late  congress  at  Phila- 
dolphia,  expressed  in  the  fourth  proposition  in  their  fiill  of 
Kights. 

Rut  this  was  the  sense  of  the  parent  country  too,  at  that  time  ; 
for  king  Charles  II. in  a  letter  to  the  Massachusetts,  after  this  law, 
had  been  lai<l  betbre  him,  has  these  words  ;  "  We  are  informed 
ihat  you  have  lately  made  some  good  provision  for  observing  the 
acts  of  trade  aiul  navigation,  which  is  well  pbiasing  unto  us." 
Had  he,  or  bis  ministers  an  idea  that  parliament  was  the  sovereign 
legislative  over  the  colony?  If  he  had,  would  he  not  have  cen- 
sured this  law,  as  an  insult  to  that  legislature  1 

I  sincerely  liope,  we  shall  see  no  more  such  round  affirmation?, 
that  it  was  the  sense  of  the  parent  country  and  our  ancestors, 
that  they  were  to  remain  subject  to  parliament. 

So  far  from  thinking  themselves  subject  to  parliament,  that 
during  the  Interregnum,  it  was  their  desire  and  design  to  have 
been  a  free  commonweallh,  an  indepisndent  republic  ;  and  after 
the  restoration,  it  was  with  the  utmost  reluctance,  that  in  the 
course  of  Itt  or  17  years,  they  wore  brought  to  take  the  oaths  of 
tllegiance  :  and  for  some  time  alter  this,  they  insisted  upon  tak- 
ing an  oath  of  fidelity  to  the  country,  before  that  of  allegiance 
to  the  the  king. 

That  "  it  is  evident  from  tlie  charter  itself,"  that  they  were  to 
remain  subject  to  pariiiiment,  is  very  unaccountable,  when  there 
is  not  one  word  in  either  charter  concerning  parliament. 

That  the  authorily  of  parliament  h.is  been  exercised  almost 
ever  since  the  settlemetit  of  the  country,  is  a  mistake  ;  for  there 
is  no  instance,  until  the  tirst  Navigatioji  Act,  which  was  in  1660, 
more  than  io  years  jilter  the  fisrt  settlement.  This  act  was  never 
executed  or  regard(!(l,  until  17  years  afterwards,  and  then  it  was 
not  execut* .]  as  an  act  of  parliament,  but  as  a  law  of  the  colony, 
to  which  the  king  ati^roed. 

'••  This  bus  \wtn\  expressly  acknowledged  by  our  provincial 
legiiJatures."     'i'liore  is  too  much  truth  in  this.      It  has  been 


89 


twice  acknowledged  by  our  house  of  Representatives,  that  par- 
liament was  the  supreme  Ica^islative ;  but  thin  wan  directly  repu((- 
nant  to  a  multitude  of  other  votes  by  which  it  was  denied. 
This  was  in  conformity  to  the  distinction  between  taxation  and 
legislation,  which  has  since  been  found  to  be  a  distinction  with- 
out a  difference . 

When  a  great  question  is  first  started,  there  are  very  few, 
even  of  the  greatest  minds,  which  suddenly  and  intuitively  com- 
prehend it,  in  all  its  consequences. 

It  is  both  ^'  our  interest  and  our  duty  to  continue  subject  to  the 
authority  of  parliament,"  as  far  as  the  regulation  of  our  trade, 
if  it  will  be  content  with  that,  but  no  longer. 

"  If  the  colonies  are  not  subject  to  the  authority  of  parliament, 
Great  Britain  and  the  colonies  must  be  distinct  states,  as  completely 
so  as  England  and  Scotland  were  before  the  union,  or  as  Great 
Britam  and  Hanover  are  now."  There  is  no  need  of  being 
startled  at  this  consequence.  It  is  very  harmless.  There  is  no 
absurdity  at  all  in  it.  Distinct  states  may  be  united  under  one 
king.  And  those  states  may  be  further  cemented  and  united  to- 
gether, by  a  treaty  of  commerce.  This  is  tlie  case.  We  have, 
by  our  own  express  consent,  contracted  to  observe  the  navigation 
act,  and  by  our  implied  consent,  by  long  usage  and  uninterrupted 
acquiescence,  have  submitted  to  the  other  acts  of  trade,  however 
grievous  some  of  them  may  be.  This  may  be  compared  to  a 
treaty  of  commerce,  by  which  those  distinct  states  are  cemented 
together,  in  perpetual  league  and  amity.  And  if  any  further 
ratifications  of  this  pact  or  treaty  are  necessary,  the  colonies 
would  readily  enter  into  them,  provided  their  other  liberties  were 
inviolote. 

That  the  colonies  owe  "  no  allegiance"  to  any  imperial  crown, 
provided  such  a  crown  involves  in  it  an  house  of  lords  and  a  house 
of  commons,  is  certain.  Indeed,  we  owe  no  allegiance  to  any 
crown  at  all.  We  owe  allegiance  to  the  person  of  his  majesty, 
king  George  the  third,  whom  God  preserve.  But  allegiance  is 
due  universally,  both  from  Britons  and  Americans  to  the  person 
of  the  king,  not  to  his  crown  :  to  his  natural,  not  his  politic  capa- 
city :  as  I  will  undertake^  to  prove  hereafter,  from  the  highest 
authorities,  and  most  solemn  adjudications,  which  were  ever 
made  within  any  part  of  the  British  dominions. 

If  his  majesty's  title  to  the  crown  is  "  derived  from  an  act  of 
parliament,  made  since  the  settlement  of  these  colonies,"  it  was 
not  made  since  the  date  of  our  chnrter.  Om-  chnrtLsr  was  n;^nnlcd 
by  king  William  and  queen  Rlsry,  three  years  nftor  the  revo- 
lution ;  and  the  oaths  of  allegi'ince  arc  established  by  a  law  of 
the  province.  So  that  our  allcijiance  to  his  majfcaty  is  not  due 
by  virtue  of  any  act  of  a  British  pnriiiunent,  but  by  our  own 
charter  and  province  laws.  It  ouglil  to  be  rom<nnbpr'»d,  that  there 
was  a  revolution  here,  as  wo\\  as  m  Eiiivlantl.   iind  that  we  made 

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an  original,  express  contract  with  king  William,  as  well  as  the 
people  of  England. 

If  it  follows  from  thence,  that  he  appears  king  of  the  Massa- 
chusetts, king  of  Rhode-Island,  king  of  Connecticut,  &c.  thi« 
is  no  absurdity  at  ail.  He  will  appear  in  this  light,  and  does  ap- 
pear so,  whether  parliament  has  authority  over  us  or  not.  He 
is  king  of  Ireland,  1  suppose,  although  parliament  is  allowed  to 
have  authority  there.  As  to  giving  his  majesty  those  titles,  I 
have  no  objection  at  all :  I  wish  he  would  be  graciously  pleasecT 
to  assume  them. 

The  only  proposition  in  all  this  writer's  long  string  of  pretend- 
ed absurdities,  which  he  says  follows  from  the  position,  that  we 
are  distinct  states,  is  this  :  That,  "  as  the  king  must  govern  each 
state  by  its  parliament,  those  several  parliaments  would  pursue 
the  particular  interest  of  its  own  state  ;  and  however  well  dis- 
posed the  king  might  be  to  pursue  a  line  of  interest  that  was 
common  to  all,  the  checks  and  controul  that  he  would  meet  with, 
would  render  it  impossible."  Every  argument  ought  to  be  al- 
lowed its  full  weight :  and  therefore  candour  obliges  me  to  ac- 
knowledge, that  here  lies  all  the  ditficulty  that  there  is  in  thi« 
whole  controversy.  There  has  been,  from  first  to  last,  on  both 
sides  of  the  Atlantic,  an  idea,  an  apprehension  that  it  was  neces- 
sary, there  should  be  some  superintending  power,  to  draw  to- 
gether all  the  wills,  and  unite  all  the  strength  of  the  subjects  in 
all  the  dominions,  in  case  of  war,  and  in  the  case  of  trade.  The 
necessity  of  this,  in  case  of  trade,  has  been  so  apparent,  that,  as 
has  often  been  said,  we  have  consented  that  parliament  should 
exercise  such  a  power.  In  case  of  war,  it  has  by  some  been 
thought  necessary.  But,  in  fact  and  exparience,  it  has  not  been 
found  so.  What  though  the  proprietary  colonies,  on  account  of 
disputes  with  the  proprietors,  did  not  come  in  so  early  to  the  as- 
sistance of  the  general  cause  in  the  last  war,  as  they  ought,  and 
perhaps  one  of  them  not  at  all !  The  inconveniences  of  this 
were  small,  in  comparison  of  the  absolute  ruin  to  the  liberties  of 
all  which  must  follow  the  submission  to  parliament,  in  all  cases, 
which  would  be  giving  up  all  the  popular  limitations  upon  the 
government.  These  inconveniences  fell  chiefly  upon  New  Eng- 
land. She  wns  necessitated  to  greater  exertions  :  but  she  had  , 
rather  suffer  these  again  and  again,  than  others  infinitely  greater. 
However  this  stiljoct  has  been  so  long  in  contemplation,  that  it  is 
fully  understood  now,  in  all  the  colonies  ;  so  that  there  is  no  dan-  ' 
ger  in  c;ise  of  another  war,  of  any  colonie's  failing  of  its  duty.   * 

But  admitting  the  proposition  in  its  full  force,  that  it  is  abso- 
lutely necessary  there  should  be  a  supreme  power,  co-extensive 
with  all  the  dr.r.Miiions,  will  it  follow  that  parliament,  as  now  con- 
stituted, h;\s  a  right  to  assume  this  supreme  jurisdiction  ?  By  no 
means. 

A  union  of  the  colonies  might  be  projected,  and  an  American 
legislature  ;  tor,  if  Amruica  has  3,000,000  people,  and  the  whole 


I 


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91 


dominiona  12,000,000,  she  ought  to  send  a  quarter  part  of  all  the 
members  to  the  house  of  commons,  and  instead  of  holding  par- 
liaments always  at  Westminster,  the  haughlj^  members  for  Great 
Britain  must  humble  themselves,  one  session  in  four,  to  cross  the 
atlantic,  and  hold  the  parliament  in  America. 

There  is  no  avoiding  all  inconveniences  in  human  affairs.  The 
greatest  possible  or  conceivable  would  arise  from  ceding  to  par- 
liament power  over  us,  without  a  representation  in  it.  The 
next  greatest  would  accrue  from  any  I'hm  (hat  can  be  dev'sed 
for  a  representation  there.  The  least  of  all  would  arise  from  going 
en  as  we  begun,  and  fared  well  for  150  yeaw,  by  letting  par- 
liament regulate  trade,  and  our  own  assemblies  all  other  matters. 

As  to  "the  prerogatives  not  being  defined,  or  limited,"  it  is  as 
much  so  in  the  colonies  as  in  Great  Britain,  and  as  well  understood, 
and  as  cheerfully  submitted  to  in  the  former  as  the  latter. 

But  "  where  is  the  British  constitution,  that  we  all  agree  we 
are  entitled  to  ?"  I  answer,  if  we  enjoy,  and  are  entitled  to 
more  liberty  than  the  British  constitution  allows,  where  is  the 
harm  ?  Or,  if  we  enjoy  the  British  constitution  in  greater  purity 
and  perfection  than  they  do  in  England,  as  is  really  the  case, 
whose  fault  is  this  ?     Not  ours. 

We  may  find  all  the  blessings  "  of  this  constitution  in  our  pro- 
vincial assemblies."  jQur  houses  of  Representatives  have,  and 
ought  to  exercise,  every  power  of  the  House  of  Commons.  The 
first  charter  to  this  colony  is  nothing  to  the  present  argument  ; 
but  it  did  grant  a  power  of  taxing  the  people,  implicitly,  though 
not  in  express  terms.  It  granted  all  the  rights  and  liberties  of 
Englishmen,  which  include  the  power  of  taxing  the  people. 

"  Our  council  boards,"  in  the  royal  governments,  *'  are  des- 
titute of  the  noble  independence  and  splendid  appendages  of 
peerages."  Most  certainly  :  they  are  the  meanest  creatures 
and  tools  in  the  political  creation  ;  dependent  every  moment  for 
their  existence  on  the  tainted  breath  of  a  prime  minister.  But 
they  have  the  authority  of  the  house  of  lords,  in  our  little  models 
of  the  English  constitution  ;  and  it  is  this  which  makes  them  so 
great  a  grievance.  The  crown  has  really  two  branches  of  our 
legislature  in  its  power.  Let  an  act  of  parliament  pass  at  home, 
putting  it  in  the  power  of  the  king,  to  remove  any  peer  from  the 
house  of  lords  at  his  pleasure,  and  what  will  become  of  the  Brit- 
ish constitution  ?  It  will  be  overturned  from  the  foundation. 
Yet  we  are  perpetually  insulted,  by  being  told,  that  making  our 
council  by  mandamus,  brings  us  nearer  to  the  British  constitution. 
In  this  province,  by  charter,  the  council  certainly  hold  their  seats 
for  the  year,  after  being  chosen  and  approved,  independent  of  both 
the  other  branches.  For  their  creation,  they  are  equally  obliged 
to  both  the  other  branches  ;  so  that  there  is  little  or  no  bias  in 
favour  of  either,  if  any,  it  is  in  favour  of  the  prerogative.  In 
short,  it  is  not  easy  without  an  hereditary  nobility,  to  constitute  a 
council  more  independent,  more  nearly  resembling  the  house  of 


ill? 


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lords,  than  the  council  of  this  province  has  ever  been  by  charter. 
But  perhaps  it  will  be  said  that  we  are  to  enjoy  the  British  con- 
stitution in  our  supreme  legislature,  the  parliament,  not  in  our 
provincial  legislatures. 

To  this  1  answer,  if  parliament  is  to  be  our  supreme  legislature, 
we  shall  be  under  a  complete  oligarchy  or  aristocracy,  not  the 
British  constitution,  which  this  writer  himself  defines  a  mixture 
of  monarchy,  aristocracy,  and  democracy. — For  king,  lords  and 
commons  will  constitute  one  great  oligarchy,  as  they  will  stand 
related  to  America,  as  much  as  the  decemvirs  did  in  Rome  ; 
with  this  difference  for  the  worse,  that  our  rulers  are  to  be  three 
thousand  miles  off.  The  definition  of  an  oligarchy,  is  a  govern- 
ment by  a  number  of  grandees,  over  whom  the  people  have  no 
controul.  The  states  of  Holland  were  once  chosen  by  the  peo- 
ple frequently;  then  chosen  for  life.  Now  they  are  not  chosen 
by  the  people  at  all.  When  a  member  dies,  his  place  is  filled  up, 
not  by  the  people  he  is  to  represent,  but  by  the  states.  Is  not  this 
depriving  the  Hollanders  of  a  free  constitution,  and  subjecting 
them  to  an  aristocracy,  or  oligarchy  ?  Will  not  the  government 
of  America  be  like  it  ?  Will  not  representatives  be  chosen  for 
them  by  others,  whom  they  never  saw  nor  heard  of  ?  If  our 
provincial  constitutions  are  in  any  respect  imperfect  and  want  al- 
teration, they  have  capacity  enough  to  discern  it,  and  power 
enough  to  effect  it,  without  the  interposition  of  parliament. 
There  never  was  an  American  constitution  attempted  by  parlia- 
ment, before  the  Quebec  bill  and  Massachusetts  bill.  These  are 
such  samples  of  what  they  may,  anu  probably  will  be,  that  few 
Americans  are  in  love  with  them.  However,  America  will  never 
allow  that  parliament  has  any  authority  to  alter  their  constitution 
at  all.  She  is  wholly  penetrated  with  a  sense  of  the  necessity 
of  resisting  it,  at  all  hazards.  '  And  she  would  resist  it,  if  the  con- 
stitution of  the  Massachusetts  had  been  altered  as  much  for  the 
better,  as  it  is  for  the  \yorse.  The  question  we  insist  on  most  is 
not  whether  the  alteration  is  for  the  better  or  not,  but  whether 
parliament  has  any  right  to  make  any  alteration  at  all.  And  it  is 
the  universal  sense  of  America,  that  it  has  none. 

We  are  told  that  "  the  provincial  constitutions  have  no  prin- 
ciple of  stability  within  themselves."  This  is  so  great  a  mistake, 
that  there  is  not  more  order,  or  stability  in  any  government  upon 
the  globe,  than  there  ever  has  been  in  that  of  Connecticut.  The 
same  may  be  said  of  the  Massachusetts  and  Pennsylvania  ^  and 
indeed  of  the  others  very  nearly.  "  That  these  constitutions  in 
turbulent  times  would  become  wholly  monarchial,  or  wholly  re- 
publican ;'•  they  must  be  such  times  as  would  have  a  similar 
effect  upon  the  constitution  at  home.  But  in  order  to  avoid  the 
danger  of  this,  what  is  to  be  done  ?  Not  give  us  an  English  con- 
stitution, it  seems,  but  make  sure  of  us  at  once,  by  giving  us  con- 
.stitutions  wholly  nionarchical,  annihilating  our  houses  of  repre- 
sentatives first,  by  taking  from  them  the  support  of  goverament,  &c. 


\ 


93 


and  then  making  the  councils  and  judges  wholly  dependant  on 
the  crown. 

That  a  representation  in  parliament  is  impracticable  we  all 
agree  :  but  the  consequence  is,  that  we  must  have  a  represen- 
tation in  our  supreme  legislatures  here.  This  was  the  conse- 
quence that  was  drawn  by  kings,  ministers,  our  ancestors,  and  the 
whole  nation,  more  than  a  century  ago,  when  the  colonies  were 
first  settled,  and  continued  to  be  the  general  sense  until  the  last 
peace ;  and  it  must  be  the  general  sense  again  soon,  or  Great 
Britain  will  lose  her  colonies. 

"  This  is  apparently  the  meaning  of  that  celebrated  passage  in 
Gov    Hutchinson's  letter,  that  rung  through  the  continent,  viz. 
*'•  There  must  be  an   abridgment  of  what  is  called  English  lib- 
erties."    But  all  the  art  and  subtlety  of  Massachusettensis  will 
never  vindicate  or  excuse  that  expression.     According  to  this 
writer,  it  should  have  been  "  there  is  an  abridgment  of  English 
liberties,  and  it  cannot  be  otherwise."     But  every  candid  reader 
must  see  that  the  letter  writer  had  more  than  that  in  his  view  and 
m  his  wishes.     In  the  same  letter,  a  little  before,  he  says,  "  what 
marks  of  resentment  the  parliament  will  shew,  whether  they 
will  be  upon  the  province  in  general,   or  particular  persons,  is 
extremely  uncertain  ;  but  that  they  will  be  placed  somewhere  is 
most   certain,  and  1  add,  because  I  think   it  ought  to  be  so."     Is  it 
possible  to  read  this  without  thinking  of  the  port  bill,  the  charter 
bill,  and  the  resolves  for  sending  persons  to  England  by  the  stat- 
ute of  Henry  VIII.  to  be  tried  !     But  this  is  not  all.     "  This  is 
most  certainly  a  crisis,"  says  he,  &c.  "  If  no  measure  shall  have 
been  taken  to  secure  this   dependence,  (i.  e.  the  dependence 
which  a  colony  ought  to  have  upon  the  parent  state)  it  is  all  over 
with  us."     "  The  friends  of  government    will   be  utterly  dis- 
heartened ;  and  the  friends  of  anarchy  will  be  afraid  of  nothing, 
be  it  ever  so  extravagant."     But  this  is  not  all.     "  I  never  think 
of  the  measures  necessary  fci  th?  peace  and  good  order  of  the 
colonies  without  pain."     "  There  must  be  an  abridgment  of  what 
are  called  English  liberties."     Wh?.t  could  he  mean  ?     Any  thing 
less  than  depriving  us  of  trial  by  jury  ?     Feriiaps  he  wanted  an 
act  of  parliament  to  try  persons  here  for  treason  by  a  court  of 
admiralty.     Perhaps  an  act  that  the  province  shoold  be  governed 
by  a  governor  and  a  mandamus  council,  without  an  house  of  rep- 
resentatives.    But  to  put  it  out  of  all  doubt  that  his  meaning  was 
much  worse  than  Massachusettensis  endeavors  to  make  it,  he  ex- 
plains himself  in  a  subsequent  part  of  the  letter,  "  I  wish,"  says  he, 
"  the  good  of  the  colony,  when  I  wish  to  see  some  further  restraint  o*' 
liberty.''''     Here  it  is  rendered  certain,  that  he  is  pleading  for  a 
further  restraint  of  liberty,  not  explaining  the  restraint,  he  appre 
bended  the  constitution  had  already  laid  us  under. 

My  indignation  at  this  letter,  has  sometimes  been  softened  by 
compassion.  It  carries  on  the  face  of  it  evident  marks  of  mad- 
ness.    It  was  written  in  such  a  transport  of  passions,  amfttU'on  and 


I*'-'! 


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94 


revenge  chiefly,  that  his  reason  was  manifestly  overpowered 
The  vessel  was  tost  in  such  a  hurricane,  that  she  could  not  feel 
her  helm.  Indeed,  he  seems  to  have  had  a  confused  conscious- 
ness of  this  himself.  Pardon  me  this  excursion,  says  he,  it  really 
proceeds  from  the  state  of  mind  into  whieh  our  perplexed  affairs 
often  throws  me." 

"  It  is  our  highest  interest  to  continue  a  part  of  the  British 
empire  ;  and  equally  our  duty  to  remain  subject  to  the  authority 
of  parliament,"  says  Massachusettensis. 

We  arc  a  part  of  the  British  dominions,  that  is  of  the  king  of 
Great  Britain,  and  it  is  our  interest  and  duty  to  continue  so.  It 
is  equally  our  interest  and  duty  to  continue  subject  to  the  authority 
of  parliament,  in  the  regulation  of  our  trade,  as  long  as  she  shall 
leave  us  to  govern  our  internal  policy,  and  to  give  and  grant  our 
own  money,  and  no  longer. 

This  letter  concludes  with  an  agreeable  flight  of  fancy.  Th« 
time  may  not  be  so  far  off,  however,  as  this  writer  imagines,  when 
the  colonies  may  have  the  balance  of  numbers  and  wealth  in  her 
favour.  But  when  that  shall  happen,  if  we  should  attempt  to 
rule  her  by  an  American  parliament,  without  an  adequate  rep- 
resentation in  it,  she  will  infallibly  resist  us  by  her  arms. 

NOVANGLUS. 


.;i 


I 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bay, 

March  13,  1775. 

MV  FRIENDS, 

IT  has  been  often  observed  by  me,  and  it  cannot  be  too  often 
repeated,  that  colonization  is  casus  omissus  at  common  law. 
There  is  no  such  title  known  in  that  law.  By  common  law,  I 
mean  that  saystem  of  customs,  written  and  unwritten,  which  was 
known  and  m  force  in  England,  in  the  time  of  king  Richard  1st. 
This  continued  to  be  the  case,  down  to  the  reign  of  Elizabeth^ 
and  king  James  1st.  In  all  that  time,  the  laws  of  England  were 
confined  to  the  realm,  and  within  the  four  seas.  There  was  no 
provision  made  in  this  law  for  governing  colonies  beyond  the 
Atlantic,  or  beyond  the  four  seas,  by  authority  of  parliament,  no 
nor  for  the  king  to  grant  charters  to  subjects  to  settle  in  foreign 
countries.  It  was  the  king^s  prerogative  to  prohibit  the  emigra- 
tion of  any  of  his  subjects,  by  issuing  his  writ  7ie  exeat  regno. 
And  therefore  it  was  in  the  king's  power  to  permit  his  subjects  to 
leave  the  kingdom,     i  Hawk.  P.  C.  c.  22.  §  4.     "  It  is  a  high 


95 


to 


cr'fne  to  disobey  the  king's  lawful  commands,  or  prohibitions,  as 
not  returning  from  beyond  sea,  upon  the  king's  letters  to  that 
purpose  ;  for  which  the  offender's  lands  shall  be  seized  until  he 
return  ;  and  when  he  does  return,  he  shall  be  fined,  kc.  or  going 
beyond  sea,  against  the  king's  will,  expressly  signified,  either  by 
the  writ  ne  exeat  regno^  or  under  the  great  or  privy  seal,  or 
signet,  or  by  proclamation."  When  a  subject  left  the  kingdom, 
by  the  king's  permission,  and  if  the  nation  did  not  remonstrate 
against  it,  by  the  nation's  permission  too,  at  least  connivance,  he 
carried  with  him,  as  a  man,  all  the  rights  of  nature.  His  alle> 
giance  bound  him  to  the  king,  and  entitled  him  to  protection 
But  how  ?  not  in  France  ;  the  king  of  England  was  not  bound  to 
protect  him  in  France,  nor  in  America ;  not  in  the  dominions  ol 
Leivis,  nor  of  Passaehus,  or  Massachusetts.  He  had  a  right  to 
protection,  and  the  liberties  of  England  upon  bis  return  there, 
not  otherwise.  How  then  do  we.  New  Englandmen,  derive  our 
laws  t  I  say,  not  from  parliament,  not  from  common  law,  but 
from  the  law  of  nature,  and  the  compact  made  with  the  king  in 
our  charters.  Our  ancestors  were  entitled  to  the  common  law 
of  England,  when  they  emigrated,  that  is,  to  just  so  much  of  it  as 
they  pleased  to  adopt,  and  no  more.  They  were  not  bound  or 
obliged  to  submit  to  it,  unless  they  chose  it.  By  a  positive  prin- 
ciple of  the  common  law,  they  were  bound,  let  them  be  in  what 
part  of  the  world  they  would,  to  do  nothing  against  the  alle> 
giance  of  the  king.  But  no  kind  of  provision  was  ever  made  by 
common  law,  for  punishing  or  trying  any  man,  even  for  treason, 
committed  out  of  the  realm.  He  must  be  tried  in  some  county  of 
the  realm,  by  that  law,  the  county  where  the  overt-act  was  done, 
or  he  could  not  be  tried  at  all.  Nor  was  any  provision  ever  made, 
until  the  reign  of  Henry  VIU.  for  trying  treasons  committed 
abroad,  and  the  acts  of  that  reign  v/ere  made  on  purpose  to  catch 
cardinal  Pole. 

So  that  our  ancestors,  when  they  emigrated,  having  obtained 
permission  of  the  king  to  come  here,  and  being  never  commanded 
to  if>turn  into  the  realm,  had  a  clear  right  to  have  erected  in  this 
wilderness  a  British  constitution,  or  a  perfect  democracy,  or  any 
other  form  of  government  they  saw  tit.  They  indeod,  wiiiit* 
they  lived,  could  not  have  taken  arms  against  the  king  e?'  Eng- 
land, without  violating  their  allegiance,  but  their  children  would 
not  have  been  born  within  the  king's  allegiance,  would  not  have 
been  natural  subjects,  and  consequently  not  entitled  to  protection, 
or  bound  to  the  king. 

Massachusettensis,  Jan.  16,  seems  possessed  of  these  idea?,  and 
attempts  in  the  most  aukward  manner,  to  get  rid  of  thorn,  lie  is 
conscious  that  America  must  be  a  part  of  the  realm,  before  it  cau 
be  bound  by  the  authority  of  parliament;  and  tberelore  is  obli- 
ged to  suggest,  that  we  are  annexed  to  the  realm,  atul  to  endeav- 
our to  confuse  himself  an  1  his  readers,  by  confounding  the  realm, 
with  the  empire  and  dominions. 


vf 


■    I 


it 

•m 

m : 

■m 
m 


iV.fi..l 


1 


0¥?1 


96 


:'-'i-i 


But  will  any  man  soberly  contend,  that  America  was  ever  an- 
nexed to  the  realm  ?  to  what  realm  ?  When'JVew  England  was 
settled,  there  was  a  realm  of  England,  a  realm  of  Scotland,  and 
a  realm  of  Irclan<l.  To  which  of  these  three  realms  was  New 
England  annexed  ?  To  the  realm  of  England,  it  will  be  said. 
But  by  what  law  ?  no  territory  could  be  annexed  to  the  realm  of 
I'^ngland,  but  by  an  act  of  parliament.  Acts  of  parliament  have 
been  passed  to  annex  Wales,  &c.  &c.  to  the  realm.  But  none 
»>ver  passed  to  annex  America.  But  if  New-Enj.,land  was  an- 
nexed to  the  reahn  of  England,  how  came  she  annexed  to  the 
realm  of,  or  kingdom  of  Great  Britain?  The  two  realms  of  Eng- 
land and  Scotland  were,  by  the  act  of  union,  incorporated  into 
one  kingdom  by  the  name  of  Great  Britain  :  but  there  is  not  one 
word  about  America  in  that  act. 

Besides,  if  America  was  annexed  to  the  realm,  or  a  part  of  the 
kingdom,  every  act  of  parliament  that  is  made,  v/ould  extend  to 
It,  named  or  not  named.  But  every  body  knows  that  every  act 
uf  parliament,  and  every  other  record,  constantly  distinguishes 
between  this  kingdom,  and  his  majesty''s  other  dominions.  Will 
it  be  said  that  Ireland  is  annexed  to  the  realm,  or  a  part  of  the 
kingdom  of  Great  Britain  ?  Ireland  is  a  distinct  kingdom,  or 
realm,  by  itself,  notwithstanding  British  parliament  claims  a  rip^ht 
of  binding  it  in  all  cases,  and  exercises  it  in  some.  And  even  so 
the  Massachusetts  is  a  realm,  New  York  is  a  realm,  Pennsylvania 
another  realm,  to  all  intents  and  purposes,  as  much  as  Ireland  is, 
or  England  or  Scotland  ever  were.  The  king  of  Groat  Britain 
is  the  sovereign  of  all  these  realms. 

This  writer  says,  "  that  in  denying  that  the  colonies  are  an- 
nexed to  the  realm,  and  subject  to  the  authority  of  parliament, 
individuals  and  bodies  of  men  subvert  the  fundamentals  of  gov- 
ornment,  deprive  us  of  British  liberties,  and  build  up  absolute 
njonarchy  in  the  colonies." 

This  is  the  fast  time  that  I  ever  heard  or  read  that  the  col- 
onies are  ntmcxod  to  the  realm.  It  is  utterly  denied  that  they 
are,  and  that  it  is  possible  they  should  be,  without  an  act  of  par- 
liament, and  acts  of  the  colonies.  Such  an  act  of  parliament  can- 
not be  pro(hiC(Hl,  nor  any  such  law  of  any  one  colony.  Therefore 
iis  this  writer  builds  the  whole  authority  of  parliament  upon  this 
fact,  viz  :  That  the  colonies  are  annexed  to  the  realm,  and  as  it  is 
certain  they  never  were  so  annexed,  the  consequence  is,  that  his 
whole  superstructure  i'alls. 

When  ho  say:*,  that  they  subvert  the  fundamentals  of  govern- 
ment, he  begs  the  question.  We  say  that  the  contrary  doc- 
trines subvert  the  fundamentals  of  government.  When  he  says 
that  they  deprive  us  of  British  liberties,  he  begs  the  question 
agsiin.  We  sny  that  tlic  contrary  doctrine  deprives  us  of  English 
liberties. :  ji's  to  British  liberties,  we  scarcely  know  what  they 
are,  as  the  liberties  of  E>ngland  and  Scotland  are  not  precisely  the 
same  to  Ihi*  day.     Kngli--h  liberties  are  but  certain  rights  of  ua- 


i 


;an- 


rn- 
loc- 

Isays 
Mion 

they 
the 
ua- 


97 


turOf  reserved  to  the  citizen,  by  the  EnjGflish  constitution,  which 
rights  cleaved  to  our  ancestors,  when  they  crosoed  the  Atlantic^ 
and  would  have  inhered  in  them,  if  instead  of  comint;  to  New* 
England  they  had  gone  to  Outaheite,  or  Patagonia,  even  atthongh 
they  had  taken  no  patent  or  charter  from  the  king  at  all.  These 
rights  did  not  adhere  to  them  the  less,  for  their  purchasing  pa- 
tents and  charters,  in  which  the  king  expressly  stipulates  with 
them,  that  they  and  their  posterity  should  forever  enjoy  all 
those  rights  and  liberties. 

The  human  mind  is  not  naturally  the  clearest  atmosphere  ;  but 
the  clouds  and  vapours  which  have  been  raised  in  it,  by  the 
artifices  of  temporal  and  spiritual  tyrants,  have  made  it  impossible 
to  see  objects  in  it  distinctly.  Scarcely  any  thing  is  involved  ia 
more  systematical  obscurity,  than  the  rights  of  our  ancestors, 
when  they  arrived  in  America.  How,  in  common  sense,  came 
the  dominions  of  king  Philip,  king  Massachusetts,  and  twenty 
other  sovereigns,  independent  princes  here,  to  be  within  the  al- 
legiance of  the  kings  of  England,  James  and  Charles  ?  America 
was  no  more  within  the  allegiance  of  those  princes,  by  the  com- 
mon law  of  England,  or  by  the  law  of  nature,  than  France  and 
Spain  were.  Discovery,  if  that  was  incontestable,  could  give  no 
title  to  the  English  king,  by  common  law,  or  by  the  law  of  nature, 
to  the  lands,  tenements,  and  hereditaments  of  the  native  Indiians 
here.  Our  ancestors  were  sensible  of  this,  and  therefore  hon- 
estly purchased  their  lands  of  the  natives.  They  might  have 
bought  them  to  hold  allodially,  if  they  would. 

But  there  were  two  ideas,  which  confused  them,  and  have  con- 
tinued to  confuse  their  posterity,  one  derived  from  the  feudal, 
the  other  from  the  canon  law.  By  the  former  of  these  sys- 
tems, the  prince,  the  general,  was  supposed  to  be  sovereign  lord 
of  all  the  lands,  conquered  by  the  soldiers  in  his  army  ;  and  upon 
this  principle,  the  king  of  England  was  considered  in  law  as  sove- 
reign lord  of  all  the  land  within  the  realm.  If  he  had  sent  an 
army  here  to  conquer  king  Massachusetts,  and  it  had  succeeded, 
he  would  have  been  sovereign  lord  of  the  land  here  upon  these 
principles ;  but  there  was  no  rule  of  the  common  law,  that  made 
the  discovery  of  a  country  by  a  subject,  a  title  to  that  country  in 
the  prince.  But  conquest  would  not  have  annexed  the  country 
to  the  realm,  nor  have  given  any  authority  to  the  parliament. 
But  there  was  another  mist  cast  before  the  eyes  Of  the  English 
nation  from  another  source.  The  pope  claimed  a  sovereign  pro- 
priety in,  as  well  as  authority  over  the  whole  earth.  As  head  of 
the  christian  church,  and  vicar  of  God,  he  claimed  this  authority 
over  all  Christendom  ;  and,  in  the  same  character,  he  claimed  a 
right  to  all  the  countries  and  possessions  of  heathens  and  infidels : 
a  right  divine  to  exterminate  and  destroy  them  at  his  discretion, 
in  order  to  propagate  the  catholic  faith.  When  king  Henry  VIII. 
and  his  parliament,  threw  off  the  authority  of  the  pope,  stripped 
his  holiness  of  his  supremncv.   and  invested  it  in  himself  by  an 

in 


■  i: 


^:i 


.-« 


m 


•  ■•■"a 


^.■'.' 


$:■".■> 


I 


'r 


'i  M 


•J» 


lit  oJ*  paiiiinjeiit,  lie  and  his  courtiers  seemed  to  think  that  all 
the  iii?hl9  of  the  holy  see  were  transferred  to  him  ;  and  it  was  a 
union  of  these  two,  the  most  impertinent  and  fantastical  ideas  that 
ever  got  into  im  human  pericranium,  viz :  that  as  feudal  sovc- 
reijfn  and  supreme  head  of  the  church  together,  a  king  of  Eng- 
land had  a  right  to  all  the  land  their  suhjecta  could  tind,  not  pos- 
sessed by  any  christian  state,  or  prince,  though  possessed  by 
heathen  or  iiiiidcl  nations,  which  seems  to  have  deluded  the  na- 
tion about  the  tune  of  the  settlement  of  the  colonies.  But  none 
of  these  ideas  gsive  or  inferred  any  right  in  parliament,  over  the 
new  countries  conquered  or  discovered  ;  and  therefore  denying 
Uiat  the  colonies  are  a  part  of  the  realm,  and  that  as  such  they 
are  subject  to  parliament,  by  no  means  deprives  us  of  English 
liberties.  Nor  does  it  "  build  up  absolute  monarchy  in  the  col- 
onies," For  admitting  these  notions  of  tlie  common  and  feudal 
law  to  have  been  in  full  force,  and  that  the  king  was  absolute  in 
America,  when  it  was  settled  ;  yet  he  had  a  right  to  enter  into 
a  contract  with  his  subjects,  and  stipulate  that  they  should  enjoy 
all  the  rights  and  liberties  of  Englishmen  forever,  in  consideration 
of  their  undertnking  to  clear  the  wilderness,  propagate  Chris- 
tianity, pay  a  tilth  part  of  ore,  &c.  Such  a  contract  as  this  has 
been  made  with  all  the  colonies;  royal  governments,  as  well  as 
charter  ones.  For  the  commissions  to  the  goverenors  contain  the 
plan  of  the  government,  and  the  contract  between  the  king  and 
subject,  in  the  former,  as  muck  as  the  charters  in  the  latter. 

Indeed  this  was  the  reasoning,  and  upon  these  feudal  and  cath- 
olic principles  in  the  time  of  some  of  the  predecessors  of  Massa- 
chusettensis.  This  was  the  meaning  of  Dudley,  when  he  asked, 
"  Do  you  think  that  English  liberties  will  follow  you  to  the  ends 
of  the  earth  ?"  His  meaning  was,  that  English  liberties  were 
confined  to  the  realm,  and  out  of  that  the  king  was  absolute. 
But  this  was  not  true  ;  for  au  English  king  had  no  right  to  be  ab- 
solute over  Englishmen,  out  of  the  realm,  any  more  than  in  it ; 
and  they  wore  released  from  their  allegiance,  as  soon  as  he  de- 
prived them  of  their  liberties. 

But  "  our  charters  suppose  regal  authority  in  the  grantor." 
True  thev  suppose  it,  whether  there  was  any  or  not.  "  If  that 
authority  be  derived  from  the  British  (he  should  have  said  Eng- 
lish) crown,  it  presupposes  this  territory  to  have  been  a  part  of 
the  British  (he  should  have  said  English)  dominion,  and  as  such 
subject  to  the  imperial  sovereign.  How  can  this  writer  shew 
this  authority  to  be  derived  from  the  English  crown,  including  in 
the  idea  of  it  lords  and  commons  ?  Is  there  the  least  color  for 
such  an  authority,  but  in  the  popish  and  feudal  ideas  before  men- 
tioned ?  And  do  these  popish  and  feudal  ideas  include  parliament? 
Was  parliament,  were  lords  and  commons  parts  of  the  head  of  the 
church,  or  was  parliament,  that  is,  lords  and  commons,  part  of 
the  sovereign  feudatory  ?  Never.  But  why  was  this  authority 
derived  from  the  English,  any  more  than  the  Scottish  or  Irish 


» 


99 


crown  ?  It  is  true  the  land  was  to  be  hold  in  soccflf^e,  like  tht 
manor  of 'E»At  Grecnwif  *  ;  but  tiiis  was  compact,  and  it  might 
have  been  as  well  to  hold,  as  they  held  in  Qlii«)^ow  or  Dublin. 

But,  says  this  writer,  "if  that  authority  was  vested  in  the  per- 
son of  the  king  in  a  different  capacity,  the  liritisih  constitution 
and  laws  are  out  of  the  question,  and  the  king  must  be  absolute 
as  to  us,  as  his  prerogatives  have  never  been  limited.'^  Not  the 
prerogatives  limited  in  our  charters,  when  in  every  one  of  them 
all  the  rights  of  Englishmen  are  secured  to  us  !  Are  not  the 
rights  of  Englishmen  sufficiently  known,  and  are  not  the  prerog« 
atives  of  the  king  among  those  rights  ? 

As  to  those  colonies  which  are  destitute  of  charters,  the  com- 
missions to  their  governors  have  ever  been  considered  as  equiv- 
alent securities,  both  for  property,  jurisdiction,  and  privileges, 
with  charters  ;  and  as  to  the  power  of  the  crown  being  absolute 
in  those  colonies,  it  is  absolute  no  where.  There  is  no  funda- 
mental or  other  law,  that  makes  a  king  of  England  absolute  any 
where,  except  in  conquered  countries ;  and  an  attempt  to  assume 
such  a  power,  by  the  fundamental  laws,  forfeits  the  prince's  right 
even  to  the  limited  crown. 

As  to  "  the  charter  governments  reverting  to  absolute  mon- 
archy, as  their  charters  may  happen  to  be  forfeited,  by  the  gran- 
tees not  fulfilling  the  conditions  of  them  ;"  1  answer,  if  they 
could  be  forfeited,  and  were  actually  forfeited,  the  only  conse- 
quence would  be,  that  the  king  would  have  no  power  over  them 
at  all.  He  would  not  be  bound  to  protect  the  people,  nor,  that  I 
can  see,  would  the  people  here,  who  were  born  here,  be,  by  any 
principle  of  common  law,  bound  even  to  allegiance  to  the  king. 
The  connection  would  be  broken  between  the  crown  and  the  na- 
tives of  the  country. 

It  has  been  a  great  dispute  whether  charters  granted  within 
the  realm,  can  be  forfeited  at  all.  It  was  a  question  debated  with 
infinite  learning,  in  the  case  of  the  charter  of  London  :  it  was  ad- 
judged forfeited,  in  an  arbitrary  reign  :  but  afterwards,  after  the 
revolution,  it  was  declared  in  parliament,  not  forfeited,  and  by  an 
act  of  parliament  made  incapable  of  forfeiture.  The  charter  of 
Massachusetts  was  declared  forfeited  too.  So  were  other  Amer- 
ican charters.  The  Massachusetts  alone,  were  tame  enough  to 
give  it  up.  But  no  American  charter  will  ever  be  decreed  for- 
feited again,  or  if  any  should,  the  decree  will  be  regarded  no 
more,  than  a  vote  of  the  lower  house  of  the  robinhood  society. 
The  court  of  chancery  has  no  authority  without  the  realm  ;  by 
common  law,  surely  it  has  none  in  America.  What !  the  priv- 
ileges of  millions  of  Americans  depend  on  the  discretion  of  a  lord 
ehancellor  ?  God  forbid !  The  passivity  of  this  colony  in  re- 
ceiving the  present  charter,  in  lieu  of  the  first,  is,  in  the  opinion 
of  some,  the  deepest  stain  upon  its  character.  There  is  less  to 
be  said  in  excuse  for  it,  than  the  witchcraft,  or  hanging  the  Qua- 
kers.    A  vast  party  in  the  province  were  against  it  at  the  time. 


■■111 


•if 


•>:.l. 


■y^ 


m 


^i> 


li  I 


100 


I'l'S 


tii) 


and  thou((ht  thcmBclvcs  betrnycd  by  their  agent.  It  has  been  a 
wui'iiinii;  to  tliuir  posterity,  and  one  principal  motive  with  the  peo- 
ple, never  to  trust  any  at^ent  with  power  to  concede  away  their 
privilc£fPH  again.  It  may  as  well  be  pretended  that  the  people  of 
Great  Britain  can  forfeit  their  privileges,  as  the  people  of  this 
province.  If  the  contract  of  state  is  broken,  the  people  and 
king  of  England  must  recur  to  nature.  It  is  the  same  in  this  pro- 
vince. We  shall  never  more  submit  to  decrees  in  chancery,  or 
acts  of  parliament,  annihitatigg  charters,  or  abridging  English 
liberties. 

Whether  Massachusettensis  was  born  as  a  politician,  in  the  year 
1764,  I  knew  not :  but  he  often  writes  as  if  he  know  nothing  of 
that  period.  In  his  attempt  to  trace  the  denial  of  the  supreme 
authority  of  the  parliament,  be  commits  such  mistakes,  as  a  man 
of  age,  at  that  time,  ought  to  blush  at.  He  says,  that  '•'•  when  the 
stamp  act  was  made,  the  .uthority  of  parliament  to  impose  ex- 
ternal taxes,  or,  in  other  words,  to  lay  duties  upon  goods  and  mer- 
chandize was  admitted,^'  and  that  when  the  tea  act  was  made, 
•'  a  new  distinction  was  set  up,  that  parliament  had  a  right  to  lay 
duties  upon  merchandize,  for  the  purpose  of  regulating  trade,  but 
not  for  the  purpose  of  raising  a  revenue."  This  is  a  total  mis- 
apprehension of  the  declared  opinions  of  people  at  those  times. 
The  authority  of  parliament  to  lay  taxes  for  a  revenue  has  been 
always  generally  denied.  And  their  right  to  lay  duties  to  reg- 
ulate trade,  has  been  denied  I<y  many,  who  have  ever  contended 
that  trade  should  be  regulated  only  by  prohibitions. 

The  act  of  parliament  of  the  4th  George  3d,  passed  in  the  year 
1764,  was  the  first  act  of  the  British  parliament  that  ever  w^as 
passed,  in  which  the  design  of  raising  a  revenue  was  expressed. 
Let  Massachusettensis  name  any  statute  before  that,  in  which  the 
word  revenue  is  used,  or  the  thought  of  raising  a  revenue  is  ex- 
pressed. This  act  is  entitled,  '^  an  act  for  granting  certain  duties 
in  the  British  colonies,  and  plantations  in  America,"  &c.  The 
word  revenue,  in  the  preamble  of  this  act,  instantly  ran  through 
the  colonies,  and  rang  an  alarm,  almost  as  much  as  if  the  design 
of  forging  chains  for  the  colonists  had  been  expressed  in  words. 
I  have  now  before  me  a  pamphlet,  written  and  printed  in  the 
year  1764,  entitled,  "The  sentiments  of  a  British  American," 
upon  this  act.  How  the  idea  of  a  revenue,  though  from  an  ac- 
knowledged external  tax,  was  relished  in  that  time,  may  be  read 
in  the  frontispiece  of  that  pamphlet. 

Ergo  quid  refert  mea 
Cui  serviam  ?  cliteUas  dum  partem  ineas.     Phaeprus. 

The  first  objection  to  this  act,  which  was  made  in  that  pamph- 
let, by  its  worthy  author,  Oxenbridge  Thacher,  Esq.  who  died 
a  martyr  to  that  amity  for  his  country,  which  the  conduct  of  th,e 
junto  gave  him,  is  this.     "  The  first  objection  is,  that  a  t^x  is 


?» 


ac- 
read 


iph- 

Idled 

the 

ix  is 


101 


thereby  laid  on  several  commodities,  to  he  raised  and  levied  in 
the  plantations,  and  to  be  remitted  home  to  Kni{;lan(l.  Thin  is 
esteemed  a  grievance,  inasmuch  as  the  same  are  laid,  without  the 
consent  of  the  representatives  of  the  colonists.  It  is  esteemed 
an  essential  British  right,  that  no  person  shall  be  siil»ject  to  any 
tax  ;  but  what  in  person,  or  by  his  representative,  he  hath  a  voice 
in  laying."  Here  is  a  tax  unquestionably  external,  in  the  sense  in 
which  that  word  is  used,  in  the  distinction  that  is  made  by  some 
between  external  and  internal  taxes,  and  iini|uc3tionabiy  luid  in 
part  for  the  regulation  of  trade ;  yet  called  a  grievance,  and  a 
violation  of  an  essential  British  right,  in  the  year  17(4,  by  one 
who  ivas  then  at  the  head  of  the  popular  branch  of  our  consti- 
tution, and  as  well  acquainted  with  the  sense  of  his  constituents, 
as  any  man  living.  And  it  is  indisputable,  that  in  those  words  he 
wrote  the  almost  universal  sense  of  this  colony. 

There  are  so  many  egregious  errors  in  point  of  fact,  and  res 
pectingthe  opinions  of  the  people  in  this  writer,  which  it  is  dilhculr 
to  impute  to  wilful  misrepresentation,  that  I  sometimes  thmk  he 
ia  some  smart  young  gentleman,  come  up  into  life  since  this  great 
controversy  was  opened;  if  not,  he  must  have  conversed  wholly 
with  the  junto,  and  they  must  have  deceived  him,  respecting  their 
own  sentiments. 

This  writer  sneers  at  the  distinction  between  a  right  to  lay  the 
former  duty  of  a  shilling  on  the  pound  of  tea,  and  the  right  to 
lay  the  three  pence.  But  is  there  not  a  real  difference  between 
laying  a  duty  to  be  paid  in  England  upon  exportation,  and  to  be 
paid  in  America  upon  importation  ?  Is  there  not  a  difference  be- 
tween parliament's  laying  on  duties  within  their  own  realm,  where 
they  have  undoubtedly  jurisdiction,  and  laying  them  out  of  their 
realm,  nay  laying  them  on  in  our  realm,  where  we  say  they  have 
no  jurisdiction  ?  Let  them  lay  on  what  duties  they  please  in 
England,  we  have  nothing  to  say  against  that. 

"  Our  patriots  most  heroically  resolved  to  become  independent 
states,  and  tlatly  denied  that  parliament  had  a  right  to  make  any 
laws  whatever  that  should  be  binding  upon  the  colonies." 

Our  scribbler,  more  heroically  still,  is  determined  to  shew  (he 
world,  that  he  has  courage  superior  to  all  regard  to  modesty, 
justice,  or  truth.  Our  patriots  have  never  determined,  or  de- 
aired  to  be  independent  states,  if  a  voluntary  cession  of  a  right  to 
regulate  their  trade  can  make  them  dependent  even  on  parliament, 
though  they  are  clear  in  theory,  that  by  the  common  law, 
and  the  English  constitution,  parliament  has  no  authority  over 
them.  None  of  the  patriots  of  this  province,  of  the  present  age, 
have  ever  denied  that  parliament  has  a  right,  from  our  voluntary 
cession,  to  make  laws  which  shall  bind  the  colonics,  as  far  as  their 
I'.ommerce  extends. 

"  There  is  no  possible  medium  between  absolute  independence 
and  subjection  to  the  authority  of  parliament."  If  this  is  true,  it 
may  be  depended  upon,  that  all  North  Ameri'^a  are  as  fully  con- 


^¥i\ 


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vinred  of  their  independence,  their  absolute  independence,  as 
they  are  of  their  own  existence,  and  as  fully  determined  to  de- 
fend it  at  all  hazards,  as  Great  Britain  is  to  defend  her  indepen- 
dence against  foreign  nations.  But  it  is  not  true.  An  absolute 
independence  of  parliament,  in  all  internal  concerns  and  cases  of 
taxation,  is  very  compatible  with  an  absolute  dependence  on  it,  ia  • 
all  cases  of  external  commerce. 

"  He  must  be  blind  indeed  that  cannot  see  our  dearest  interest 
in  the  latter,  (that  is  in  an  absolute  subjection  to  the  authority  of 
psirliament,)  notwithstanding  many  pant  after  the  former"  (that 
is  absolute  independence.)  The  man  who  is  capable  of  writing, 
in  cool  blood,  that  our  interest  lies  in  an  absolute  subjection  to 
parliament,  is  capable  of  writing,  or  saying  any  thing  for  the  sake 
of  his  pension  :  a  legislature  that  has  so  often  discovered  a  want 
of  information  concerning  us  and  our  country ;  a  legislature  in- 
terested to  lay  burdens  upon  us ;  a  legislature,  two  branches  of 
which,  1  mean  the  lords  and  commons,  neither  love  nor  fear  us  ! 
Every  American  of  fortune  and  common  sense,  must  look  upon 
his  property  to  be  sunk  downright  one  half  of  its  value,  the  mo- 
ment such  an  absolute  subjection  to  parliament  is  established. 

That  there  are  any  who  pant  after  "  independence,"  (meaning 
by  this  word  a  new  plan  of  government  over  all  America,  un- 
connected with  the  crown  of  England,  or  meaning  by  it  an  ex- 
emption from  the  power  of  parliament  to  regulate  trade)  is  as 
great  a  slander  upon  the  province  as  ever  was  committed  to  wri- 
ting. The  patriots  of  this  province  desire  nothing  new ;  they 
wish  only  to  keep  their  old  privileges.  They  were  for  150  years 
allowed  to  ta\  themselves,  and  govern  their  internal  concerns,  as 
tiiey  thought  best.  Parliament  governed  their  trade  as  they 
thought  fit.  This  plan,  they  wish  may  continue  forever.  But  it 
i^  honestly  confessed,  rather  than  become  subject  to  the  absolute 
authority  of  p  uliament,  in  all  cases  of  taxation  and  internal  pol- 
ity, they  will  be  driven  to  throw  off  that  of  regulating  trade. 

"  To  deny  the  supreme  authority  of  the  state,  is  a  high  misde- 
meanor; to  oppose  it  by  force,  an  overt  act  of  treason."  True  : 
and  therefore  Massachusettensis,  who  denies  the  king  represented 
by  his  governor,  his  majesty's  council,  by  charter,  and  house  of 
representatives,  to  be  the  supreme  authority  of  this  province,  has 
boin  guilty  of  a  high  misdemeanour :  and  those  ministers,  gov- 
ernors, aiul  their  instruments,  who  have  brought  a  military  force 
here,  and  employed  it  against  that  supreme  authority,  are  guilty 


at 


and  ought  to  be  punished  with 


I  will  be 


t  !■ 


more  mannerly  than  Massachusettensis. 

'•  The  realm  of  England  is  an  appropriate  term  for  the  ancient 
realm  of  England,  in  contradistinction  to  Wales  and  other  terri- 
tories, that  have  been  annexed  to  it." 

There  are  so  many  particulars  in  the  case  of  Wales  analogous 
^)  the  case  of  America,  that  1  must  beg  leave  to  enlarge  upon  it. 


103 


ID 


gous 


Wales  was  a  little  portion  of  the  island  of  Great  Britain,  which 
Ibe  Saions  were  never  able  to  conquer.  The  Britons  had  re- 
served this  tract  of  land  to  themselves,  and  subsisted  wholly  by 
pasturage,  among  their  mountains.  Their  princes,  however, 
during  the  Normart  period,  and  until  the  reign  of  king  Edward 
the  first,  did  homage  to  the  crown  of  England,  as  their  feudal  sove- 
reign, in  the  same  manner  as  the  prince  of  one  independent  state 
in  Europe  frequently  did  to  the  sovereign  of  another.  This  lit- 
tle principality  of  shepherds  and  cowherds,  had  however  main- 
tained their  independence,  through  long  and  bloody  wars  against 
the  omnipotence  of  England,  for  800  years.  It  is  needless  to 
cntimenite  the  causes  of  the  war  between  Lewellyrt  and  Edward 
the  first.  It  is  sufficient  to  say  that  the  Welch  prince  refused  to 
go  to  England  to  do  homage,  and  Edward  obtained  a  new  aid  of 
a  fifteenth  from  his  parliamjnt,  to  march  with  a  strong  force  into 
Wales.  Edward  was  joined  by  David  and  Roderic,  two  brothers 
of  Lewellyn,  who  made  a  strong  party  among  the  Welch  them- 
selves, to  assist  and  second  the  attempts  to  enislave  their  native 
country.  The  English  monarch,  however,  with  all  these  advan- 
i]  tages,  was  afraid  to  put  the  valor  of  his  enemies  to  a  trial,  and 

trusted  to  the  tlow  effects  of  famine  to  subdue  them.     Their  pas- 
turage, with  such  an  enemy  in  their  country,  could  not  subsist 
them,  and  Lewellyn,  Nov.  19, 1277,  at  last  submitted,  and  bound 
himself  to  pay  a  reparation  of  damages,  to  do  homage  to  the 
crown  of  England,  and  almost  to  surrender  his  independence  as 
a  prince,  by  permitting  all  the  other  Barons  of  Wales,  excepting 
four,  to  swear  fealty  to  the  same  crown.     But  fresh  complaints 
soon  arose.     The  English  grew  insolent  on  their  bloodless  vic- 
tory, and  oppressed  the  inhabitants ;  many  insults  were  offered, 
which  at  last  raised  the  indignation  of  the  Welch,  so  that  they 
determined  again  to  take  arms,  rather  than  bear  any  longer  the 
oppression  of  the  haughty  victors.     The  war  raged  sometime, 
until  Edward  summoned  all  his  military  tenants,  and  advanced 
with  an  army  too  powerful  for  the  Welch  to  resist.     Lewellyn 
was  at  last  surprized,  by  Edward's  general  Morlimor,  and  fighting 
at  a  great  disadvantage,  was  slain,  with  two  thousand  of  his  men. 
David,  who  succeeded  in  the  principality,  maintained  the  war  for 
some  time,  but  at  last  was  betrayed  to  the  enemy,  sent  in  chain? 
to  Shrewsbury,  brought  to  a  formal  trial  before  the  peers  of  Eng- 
land, and  although  a  sovereign  prince,  ordered  by  Edward  to  be 
hanged,  drawn  and  quartered,  as  a  traitor,  for  del'ending  by  urins 
the  liberties  of  his  native  country  !     All  the  Wclcii  r.obility  sub 
mitted   to  the  conqueror.     The  laws  of  England,  fchnriffs,  and 
other  ministers  of  justice,  were  established  in  that  piincipality, 
which  had  maintained  its  liberties  and  independency,  8()0  year.^. 
Now  Wales  was  always  part  of  the    dominion'5  of  Englari''.. 
"Wales  was  always  feudatory  to  the  kingdom  of  England.     1 1 
was  always  held  of  the  crown  of  Engl.inii,   or  tlic   kingdom  »i 
England  :  that  i?.  whcevrr  wap  kjn^  of  V.n^\:i^t':   hrid  a  liirht  lo 


■^ 

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homage,  &c.  from  the  prince  of  Wales.  But  yet  Wales  was  not 
parcel  of  the  realm  or  kingdom,  nor  bound  by  the  laws  of  Eng- 
land. I  mention,  and  insist  upon  this,  because  it  shews,  that  al- 
though the  colonics  are  bound  to  the  crown  of  England,  or, 
in  other  words,  owe  allegiance  to  whomsoever  is  king  of  England ; 
yet  it  does  not  follow  that  the  colonies  are  parcel  of  the  realm 
or  kingdom,  and  bound  by  its  laws.  As  this  is  a  point  of  great 
importance,  I  must  beg  pardon,  however  unentertaining  it  may 
be,  to  produce  my  authorities. 

Comyns  digest,  v.  5.  page  626.  Wales  was  always  feudatory 
to  the  kingdom  of  England. 

Held  of  the  crown,  but  not  parcel.  Per  Cook.  1  Roll.  247. 
2  Roll.  29.  And  therefore  the  kings  of  Wales  did  homage,  and 
swore  fealty  to  H.  2.  and  John  and  H.  3. 

And  11  Ed.  1.  Upon  the  conquest  of  Lewellyn,  prince  or  king 
of  Wales,  that  principality  became  a  part  of  the  dominion  of 
the  realm  of  England.  And  by  the  statute  Walliae  12  Ed.  1. 
It  was  annexed  and  united  to  the  crown  of  England,  tanquam 
partem  corporis  ejusdem^  &c.  Yet  if  the  statute  Walliae,  made 
at  Rutland  12  Ed.  1.  was  not  an  act  of  parliament  (as  it  seems 
that  it  was  not)  the  incorporation  made  thereby  was  only  an 
union  jure  feudally  et  non  jure  proprietatis.^^ 

"  Wales,  before  the  union  with  England,  was  governed  by  it» 
proper  laws,"  &c. 

By  these  authorities  it  appears,  that  Wales  v/as  subject,  by  the 
feudal  law,  to  the  crown  of  England,  before  the  conquest  of  Le- 
wellyn ;  but  not  subject  to  the  laws  of  England  ;  and  indeed  after 
this  conquest,  Edw;ird  and  his  nobles,  did  not  seem  to  think  it 
subject  to  the  English  parliament,  but  to  the  will  of  the  king  as 
a  conqueror  of  it  in  war.  Accordingly  that  instrument  which  is 
called  Slatutum  Walliae,  and  to  be  found  in  the  appendix  to  the 
statutes  \  3,  ultliough  it  was  made  by  the  advice  of  the  peers, 
or  officers  of  the  army  more  properly,  yet  it  never  was  passed 
as  an  act  of  parliament,  but  as  an  edict  of  the  king.  It  begins 
not  in  the  stile  of  an  act  of  parliament.  Edwardus  Dei  gratia  Rex 
Angliae,  Do  minus  Hybcrniae,  et  Dux  Jlquitaniae,  omnibus  Jidelibus 
suis.,  &c.  in  Wallia,  Divina  providentia,  quae  in  sui  dispositione, 
says  he,  nonfallitur,  inter  alia  dispensntionis  suae  munera,  quibus 
nos  et  Regnnm  nostrum  Angliae  decorare  dignata  est,  terrain  Wal- 
liae, cum,  iricolis  suis,  prius,  nobis,  jure  feudali  subjectam,  jam  sui 
gratia,  in  proprietatis  nostrae  dominium,  obstaculis  quibuscumque 
cessantibus,  totalitcr,  et  cum  integritate  convertit,  et  coronas  regni 
praedicti,  tanquam  partem  corporis  ejusdem  annexuit  et  univit. 

Here  is  the  most  certain  evidence  that  Wales  was  subjec-  to 
the  kings  of  England  by  the  feudal  law  before  the  conquest, 
though  not  bound  by  any  laws  but  their  own.  2d.  That  the  con- 
quest was  considered,  in  that  day,  as  conferring  the  property,  as 
well  iis  juiiscliction  of  Wales  to  the  English  crown.  3.  The  con 
quest  was  considoreil  as  annexing  and  uniting  Wales  to  the  Enc;;- 


as 
:on 


105 


lish  croirn,  both  in  point  of  property  and  jurisdiction,  as  a  part  of 
one  body.  Yet  notwithstanding  all  this,  parliament  was  not  con- 
sidered as  acquiring  any  share  in  the  government  of  Wales  by 
this  conquest.  If,  then,  it  should  be  admitted  that  the  colonies 
are  all  annexed  and  united  to  the  crown  of  England,  it  will  not 
folloiv  that  lords  and  commons  have  any  authority  over  them. 

This  statutum  Walliae,  as  well  as  the  whole  case  and  history  of 
that  principality,  is  well  worthy  of  the  attention  and  study  of 
Americans,  because  it  abounds  with  evidence,  that  a  country  may 
be  subject  to  the  crown  of  England,  without  being  subject  to  the 
lords  and  commons  of  that  realm,  which  entirely  overthrows  the 
whole  argument  of  Gov.  Hutchinson,  and  of  Massachusettensis, 
in  support  of  the  supreme  authority  of  parliament,  over  all  the 
dominions  of  the  imperial  crown.  ^'  ^"0$  itaque,  &c.  says  King 
Edward  1 .  volentes  predictam  terrain.)  &c.  sicut  et  caeteras  ditiuni 
nostrae  subjectas^  &LC.  mbdebito  regimine  gubeniari,  ci  incolas  scu 
habitatores  terrarum  illarain^  qui  alto  et  basso^  se  submiserunt  vol- 
untati  nostrae,  et  quos  sic  ad  nostrum  receviinus  voluntatem^  certis 
legibus  et  consuetudinibiis^  &c.  tractari  leges.,  et  coasuetudines^  par- 
turn  illarum  hactenus  usitaias  coram  nobis  et  proceribus  regni  nostri 
fecimus  recitari^  quibus  diligcntcr  auditis,  et  plenus  intellectis,  qtias- 
dam  ipsarum  de  concilio  proccruin  predictoruin  delevimtis,  quasdam 
permisimus,  et  quasdam  correximus^  et  etiam  quasdam  alias  adjun- 
gendas  et  statuevdas  decrevimus,  et  cos,  &c.  observari  volumus  in 
forma  stibscripta. 

And  then  goes  -^  to  prescribe  and  establish  a  whole  code  of 
laws  for  the  principality,  in  the  style  of  a  sole  legislature,  and 
concludes, 

Et  idea  vobis  mandamus.,  quod  premissa  de  cetero  in  omnibus  fir- 
miter  observatis.  Ita  tamen  quod  quotiescunque.,  et  quandocunque,  et 
ubicunque,  nobis  placuerit^  possiinus  predicta  statuta  et  coram  partes 
singulas  declarare,  interpretari^  addere  sive  diminuere^  pro  nostra 
libito  voluntatis.,  et  prout  securitati  nostrae  et  terrae  7wstrae  predictae 
viderimus  expedire. 

Here  is  then  a  conquered  people  submitting  to  a  system  of  laws 
framed  by  the  mere  will  of  the  conqueror,  and  agreeing  to  be 
forever  governed  by  his  mere  will.  This  absolute  monarch,  then, 
might  afterwards  govern  this  country,  with  or  without  the  advice 
of  his  English  lords  and  commons. 

To  shew  that  Wales  was  hold  before  the  conquest  of  Lewellyn, 
of  the  king  of  England,  although  governed  by  its  own  laws,  hear 
lord  Coke,  Inst.  194,  in  his  commentary  on  the  statute  of  West- 
minster. "  At  this  time,  viz.  in  3  Ed.  1.  Lewellyn  was  a  prince 
or  king  of  Wales,  who  held  the  same  of  the  king  of  England^  as 
his  superior  lord,  and  owed  him  liege  homage  and  fealty  ;  and  this 
is  proved  by  our  act,  viz ;  that  the  king  of  England  was  superior 
dominus.,  i.  e.  soveieign  lord  of  the  king<lom,  or  principality  of 
Wales. 


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Lord  Coke,  in  4  Inat.  239,  says  "  Wales  was  sometime  a  realm, 
or  kingdom,  (re^lm  from  the  French  word  royaume,  and  both  a 
reji^ao)  and  governed  per  suas  regalas^''*  and  afterwards,  "  but^ure 
Jcudali^''  the  kingdom  of  Wales  was  holden  of  the  crown  of  Eng- 
land^ and  thereby,  as  Bracton  saith,  was  suh  poetstate  regis.  And 
80  it  continued  until  the  1 1th  year  of  king  Edward  1st.  when  he 
subdued  the  prince  of  Wales,  rising  against  him,  and  executed 
him  for  treason."  "The  next  year,  viz.  in  the  12th  year  of 
king  Edward  1.  by  authority  of  parliament,  it  is  declared  thus, 
spc'iking  in  the  person  of  the  king,  as  ancient  statutes  were  wont 
to  do,  divinii  providentin^''''  iic.  as  in  the  statute  Walliae,  before 
recited.  Hut  here  is  an  inaccuracy,  for  the  statutum  Walliae  was 
not  at)  act  of  parfiainenl,  but  made  by  the  king  with  the  advice 
of  his  oflicars  of  *he  army,  by  his  sole  authority,  as  the  statute 
itself  sufficiently  snews.  "  Note,"  says  lord  Coke,  "  diverse  mon- 
archs  hold  their  kingdoms  of  others  jure  feudali^  as  the  duke  of 
Lombardy,  Cicill,  Naples,  and  Bohemia  of  the  empire,  Granado, 
Leoiitj  of  Aragon,  Navarre,  Portugal  of  Castile  ;  and  so  others." 

After  this  the  Welch  seem  to  have  been  fond  of  the  English 
laws,  and  desirous  of  being  incorporated  into  the  realm,  to  be 
represented  in  pnrliament,  and  enjoy  all  the  rights  of  English- 
men, as  well  as  to  be  bound  by  the  Enghsh  laws.  But  kings  were 
so  fond  of  governing  this  principality  by  their  discretion  alone, 
that  they  never  could  obtain  these  blessings  ujitil  the  reign  of 
Henry  Hth.  and  then  they  only  could  obtain  a  statute,  which  ena- 
bled the  king  to  alter  their  laws  at  his  pleasure.  They  did  in- 
deed obtain  in  the  15  Ed.  2.  a  writ  to  call  twenty-four  members 
to  the  parliament  at  York  from  South  Wales,  and  twenty-four 
from  North  Wales  ;  and  again  in  the  20  Ed.  2.  the  like  number 
of  forty-eight  members  for  Wales,  at  the  parliament  of  West- 
minster. But  lord  Coke  tells  us  "  that  this  wise  and  warUke  na- 
tion was  long  after  the  statutum  IValliae  not  satisfied  nor  con- 
tented, and  especially,  for  that  they  truly  and  constantly  took 
part  with  their  rightful  sovereign  and  liege  lord,  king  Richard  2d. ; 
m  revenge  whereof  they  had  many  severe  and  invective  laws 
made  against  them  in  the  reigns  of  Henry  4th.  Henry  5th.  &c. 
all  which  as  unjust  are  repealed  and  abrogated.  And  to  say  the 
truth,  this  nation  was  never  in  quiet,  until  king  Henry  7th.  their 
own  countryman,  obtained  the  crown.  And  yet  not  so  really  re- 
duced In  his  time,  as  in  the  reign  of  his  son,  Henry  8th.  in  whose 
time  certain  just  laws,  made  at  the  humble  suit  of  the  subjects  of 
Wales,  the  principality  and  dominion  of  Wales  was  incorporated 
and  united  to  the  realm  of  England ;  and  enacted  that  every  one 
born  in  Wales  should  enjoy  the  liberties,  rights  and  laws  of  this 
realm,  as  any  subjects  naturally  born  within  this  realm  should 
]v.\\G  and  inherit,  and  that  they  should  have  knights  of  shires, 
and  burgesses  of  parliament."  Yet  we  see  they  could  not  obtain 
:iny  security  for  their  Hberties,  for  lord  Coke  tells  us,  "in  the 
act  of  31  Henry  8th.  it  was  enacted,  that  the  king's  most  royal 


liii'L, 


?» 


107 


majesty  should,  from  4ime  to  time  change,  &c.  all  manner  of  things 
in  that  act  rehearsed,  as  to  his  most  excellont  wisflom  and  dis- 
cretion should  be  thought  convenient,  and  also  to  make  laws  and 
ordinances  for  the  commonwealth  of  his  said  dominion  of  Wales 
at  his  majesty's  pleasure.  But  for  that,  the  subjects  of  the  do- 
minion of  Wales,  &c.  had  lived  in  all  dutiful  si^ijection  to  the 
crown  of  England,  &c.  the  said  branch  of  the  said  statute  of  34 
Henry  8th.  is  repealed,  and  made  void  by  21  Jac.  c.  10." 

But  if  we  look  into  the  statute  itself  of  27,  Henry  8th.  c.  2fi, 
we  shall  find  the  clearest  proof,  that  being  subject  to  the  impe- 
rial crown  of  England,  did  not  i-ntitle  VVelchmen  to  the  liberties  of 
England,  nor  make  them  subject  to  the  laws  of  England.     "  Al- 
beit the  dominion,  principality  and   country  of  Wales,  justly  and 
righteously  is,  and  ever  hath  been  incorporated,  annexed,  united,  and 
subject  to  and  under  the  imperial  crotxn  of  this  realm,  as  a  very  mem' 
ber  and  joint  of  the  same  ;  wherefore,  the  king's  most  royal  ma- 
jesty of  mere  droit,  and  very  right,  is  very  head,  king,  lord  and 
ruler;  yet  notwithstanding,  because  that,  in  the  same  country, 
principality  and  dominion,  diverse  rights,  visages,   laws  and  cus- 
toms be  far  discrepant  from  the  laws  and  customs  of  this  realm,  Sic 
Wherefore  it  is  enacted,  by  king,  lords  and  commons,  ''  that  his" 
(i.  e.  the  king's)  said  country  or  dominion  of  Wales  shall   be, 
stand  and  continue  forever  from  henceforth,  incorporated,  united, 
and  annexed  to  and  with  this,  his  realm  of  England;  and  that  all 
and  singular  person  and  persons,  born  or  to  be  born,  in  the  said 
principality,  country,  or  dominion  of  Wales,  shall  have,  enjoy, 
and  inherit,  all  and  singular  freedoms,  liberties,  rights,  privileges, 
and  laws  withui  this  his  realm,  and  other  the  king's  dominions,  as 
other  the  king's  subjects  naturally  born  within  the  same,  have, 
enjoy,  and  inherit."     §  2.  Enacts  that  the  laws  of  England  shall 
be  introduced  and  established  in  Wales :  and  that  the  laws,  ordi- 
nances and  statutes  of  this  realm  of  England  forever,  and  none 
other  shall  be  used  and  practised  forever  thereafter,  in  the  said 
dominion  of  Wales.     The  27th  §  of  this  long  statute  enacts,  that 
Commissioners  shall  inquire  into  the  laws  and  customs  of  Wales, 
and  report  to  the  king,  who  with  his  privy  council,  are  empow- 
ered to  establish  such  of  them   as  they  should   think   proper. 
§  28  Enacts  that  in  all  future  parliaments  for  this  realm,  two 
knights  for  the  shire  of  Monmouth,  and  one  burgess  for  the  town, 
shall  be   chosen  and  allowed  such  fees  as  other    knights  and 
burgesses  of  parliament  were  allowed.     §  29  Enacts  that   one 
knight  shall  be  elected  for  every  shire  within  the  country  or  do- 
minion of  Wales,  and  one  burgess  for  every  shire  town,  to  serve 
in  that  and  every  future  parliament  to  be  holden  for  this  realm. 
But  by  §  36  the  king  is  empowerei-.  to  revoke,  repeal  and  abro- 
that  whole  act,  or  any  part  of  it,  at  any  time  within  three 


gate 


ears. 


Upon  this  statute  let  it  be  observed,  1.  That  the  language  of 
Massachusettensis  ^^  imperial  crown  is  used  in  it:-  and  WiU^ijat 


■:m'5 


h' 


m^: 
^^■k 


i^m 


i\ 


••^t* 


■<H\± 


:L 


jl 


r 


.1! 


if 


■|'.r 


i 


I      .IN 


;!! 
I'    $■ 

•       I 


1G8 


iiOlrmed  to  h»ive  rvcr  been  annexed,  and  united  to  that  imperial 
crown,  as  a  Very  member  and  Joint:  which  shews  that  being  an- 
nexed to  the  imperial  crown,  does  not  annex  n  country  to  the 
realm,  or  make  it  subject  to  the  authority  of  parliament :  because 
Wales  certainly,  before  the  conquest  of  Lewellyn,  never  was  pre- 
tended  to  be  S6  subject,  nor  afterwards  ever  pretended  to  be 
annexed  to  the  rcaltii  at  all,  nor  subject  to  the  authority  of  par- 
liament, any  otherwise  than  as  the  kmg  claimed  to  be  absolute  in 
"Wales,  and  tliorefore  to  make  laws  for  it,  by  his  mere  will,  either 
with   the  advice  of  his  proceres,  or  without.     2.  That  Wales 
never  was  incorporated   with  the  realm  of  England,  until  this 
statute  was  made,  nor  subject  to  any  authority  of  English  lords 
and  conmions.     3.  That  the  king  wjis  so  tenacious  of  his  exclu- 
sive power  over  Wales,  that  he  would  not  consent  to  this  statute, 
without  a  clause  in   it,  to  retain  the  power  in  his  own  hands,  of 
giving  it  what  system  of  law   he  pleased.     4.  That  knights  and 
burgesses,  i.  e.  reprcsentalivos,  were  considered  as  essential  and 
fundamentul  in  the  constitution  of  the  new  legislature,  which  was 
to  govern  Wales.     5.  That  since  this  statute,  the  distinction  be- 
tween the  realm  of  England  and  the  realm  of  Wales,   has  been 
abolished,  and  the  realm  of  England,  now,  and  ever  since,  com- 
prehends both  ;  so  that  Massachusettensis  is  mistaken,  when  he 
says,  that  the  realm  of  England  is  an  appropriate  term  for  the 
ancient  realm  of  England,  in  contradistinction  from  Wales,  &c. 
6.  That  this  union  and   incorporation   was  made  by  the  consent, 
and  upon  the  supplication  of  the  people  of  Wales,  as  lord  Coke 
and  many  other  authors  inform  us,  so  that  here  was  an  express 
contract  between  the  two  bodies  of  people.     To  these  obser- 
vations let  me  add  a  few  questions. 

Was  ibere  ever  any  act  of  parliament,  annexing,. uniting,  and 
consolidating  any  one  of  all  the  colonies  to  and  with  the  realm  of 
Englan<l  or  the  kingdom  of  Great  Britain  ?  2.  If  such  an  act  of 
parliament  should  be  made,  would  it  upon  any  principles  of  Eng- 
lish laws  and  government,  have  any  validity,  without  the  consent, 
petition,  or  supplication  of  the  colQuies  ?  3.  Can  such  an  union 
and  incorporation,  ever  be  made,  upon  any  principles  of  English 
laws  and  government,  without  admitting  representatives  for  the 
colonics  in  the  house  of  commons,  and  American  lords  into  the 
house  of  peers  ?  4.  Would  not  representatives  in  the  house  of 
commons,  unless  they  were  numerous  in  proportion  to  the  num- 
bers of  jieople  in  America,  be  a  snare  rather  than  a  blessing  ? 
5.  Would  Britain  ever  agree  to  a  proportionable  number  of  Amer- 
ican members,  and  if  she  would,  could  America  support  the  ey- 
peiise  of  them  ?  6.  Could  American  representatives  possibly 
know  the  sense,  the  exigencrcs.  Sec.  of  their  constituents,  at  suoh 
a  distance,  so  perfectly  as  it  is  absolutely  necessary  legislators 
should  know  ?  7.  Could  Americans  ever  come  to  the  knowledge 
nf  the  behaviour  of  their  members,  so  as  to  dismiss  the  unworthy  ? 
8.  Would  Americans,  in  general,  ever  submit  to  septennial  elee- 


aiiii 


109 


lions  ?  9-  Have  we  not  sufficient  evidence,  in  the  general  frailty 
and  depravity  of  human  nature,  and  especially  the  experience 
we  have  had  of  Massachusettensis  and  the  junto,  that  a  deep, 
treacherous,  plausible,  corrupt  minister,  would  be  able  to  seduce 
our  members  to  betray  us,  as  fast  as  we  could  send  them  ? 

To  return  to  Wales.  In  the  statute  of  34  and  35  of  Henry  8th. 
c.  26.  we  find  a  more  complete  system  of  laws  and  regulations 
for  Wales.  But  the  king  is  still  tenacious  of  his  absolute  author- 
ity over  it.  It  begins,  "  our  sovereign  lord  the  king,  of  his  ten- 
der zeal  and  affection,  &c.  to  his  obedient  subjects.  Sac.  of  Wales, 
&c.  hath  devised  and  made  divers  sundry  good  and  necessary  or- 
dinances, which  his  majesty  of  his  most  abundant  goodness,  at  the 
humble  suit  and  petition  of  his  said  subjects  of  PVales,  is  pleased 
and  contented  to  be  enacted  by  the  assent  of  the  lords  spiritual 
and  temporal,  and  the  commons,"  &c. 

Nevertheless,  the  king  would  not  yet  give  up  his  unlimited 
power  over  Wales,  for  by  the  1 19  §  of  this  statute,  the  king,  &c. 
may  at  all  times,  hereafter,  from  time  to  time,  change,  add,  alter, 
order,  minish,  and  reform  all  manner  of  things  afore  rehearsed, 
as  to  his  most  excellent  wisdom  and  discretion,  shall  be  thought 
convenient ;  and  also  to  make  laws  and  ordinances  for  the  com- 
monwealth and  good  quiet  of  his  said  dominion  of  Wales,  and 
his  subjects  of  the  same,  from  time  to  time,  at  his  majesty'* 
pleasure. 

And  this  last  section  was  never  repealed,  until  the  21  Jac.  1.  c. 
lo.  §  4. 

From  the  conquest  of  Lewellyn  to  this  statute  of  James  is  near 
350  years,  during  all  which  time  the  Welch  were  very  fond  ot 
being  incorporated  and  enjoying  the  English  laws ;  the  English 
were  desirous  that  they  should  be,  yet  the  crown  would  never 
suffer  it  to  be  completely  done,  because  it  claimed  an  authority 
to  rule  it  by  discretion.  It  is  conceived,  therefore,  that  there 
Cannot  be  a  niore  complete  and  decisive  proof  of  any  thing,  than 
this  instance  is,  that  a  country  may  be  subject  to  the  crown  of 
England,  the  imperial  crown  ;  and  yet  not  annexed  to  the  realm, 
or  subject  to  the  authority  of  parliament. 

The  word  crown,  like  the  word  throne,  is  used  in  various  figu- 
rative senses  ;  sometimes  it  means  the  kingly  office,  the  head  of 
the  commonwealth,  but  it  does  not  always  mean  the  political  ca- 
pacity of  the  king;  u-.^ch  less  does  it  include  in  the  idea  of  it 
lords  and  commons.  It  may  as  well  be  pretended  that  the  honso 
of  commons  includes  or  implies  a  king.  Nay,  it  may  as  well  ha 
pretended  that  the  mace  includes  the  three  branches  of  the  leg- 
islature. 

By  the  feudal  law,  a  person  or  a  country  might  be  subject  to 
a  king,  a  feudal  sovereign,  three  several  ways. 

I.  It  might  be  subject  to  his  person,  and  in  this  case,  it  would 
continue  so  subject,  let  him  be  where  he  would,  in  his  dominions 
or  without.     2.  To  his  crown,  and  in  this  case  subjection  was  due. 


-m 


'-f^, 


'\M 


'.fi  'j:- 


vj 


I, 


u 


I, ' 


.!!: 


'ii: 


m:     ihIi 


\'l 


110 


to  whatsoever  person  or  family  wore  that  crown,  and  would  fol- 
low it,  whatever  revolutiona  it  underwent.  3.  To  his  crown 
and  realm  of  state,  and  in  this  case,  it  was  incorporated  ns  one 
body  with  the  principal  kingdom ;  and  if  that  was  bound  by  a 
parliament,  diet,  or  cortes,  so  was  the  other. 

It  is  humbly  conceived,  that  the  subjection  of  the  colonies  by 
compact,  and  law  is  of  the  second  sort. 

Sufler  me,  my  friends,  to  conclude  by  making  my  most  respect- 
ful compliments  to  the  gentlemen  of  the  regiment  of  royal  Welch 
fusileers.* 

In  the  celebration  of  thoir  late  festival,  they  discovered  that 
they  are  not  insensible  of  the  feelings  of  a  man  for  his  native 
country.  The  most  geneious  minds  arc  the  most  exquisitely  ca- 
pable of  this  sentiment.  Let  me  entreat  them  to  recollect  the 
history  of  their  brave  and  intrepid  countrymen,  who  struggled 
at  least  1100  years  for  liberty.  Let  them  compare  the  case  of 
Wales  with  the  case  of  America,  rtnd  then  lay  their  hands  upon 
their  hearts  and  say,  whether  we  can  in  justice  be  bound  by  all 
acts  of  parliament,  without  being  incorporated  with  the  kingdom. 

NOVANGLUS. 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bay , 

March  27,  1775. 

MV  rniKNDS, 

MASSACHUSETTENSIS  in  some  of  his  writings  has  advanced, 
that  our  allegiance  is  due  to  the  political  capacity  of  the  king,  and 
therefore  involves  in  it  obedience  to  the  British  parliament. 
Gov.  Hutchinson,  in  his  memorable  speech,  laid  down  the  same 
])Osition.  I  have  already  shewn,  from  the  case  of  Wales,  that 
this  position  is  groundless^  and  that  allegiance  was  due  from  the 
Welch  to  the  king,  jure  feodali^  before  the  conquest  of  Lewellyn, 
and  after  that  to  the  crown,  until  it  was  annexed  to  the  I'ealm- 
wilhout  being  subject  to  acts  of  parliament  any  more  than 
to  acts  of  the  king,  without  parliament.  I  shall  hereafter  shew 
from  the  case  of  Ireland,  that  subjection  to  the  crown  implies  no 
obedience  to  parliament.  But  before  I  come  to  this,  I  must  take 
notice  of  a  pamphlet,  entitled  "  A  candid  examination  of  the  mu- 
tual claims  of  Great  Britain  and  the  colonies,  with  a  plan  of  ac- 
commodation on  constitutional  principles."  This  author,  p.  8, 
says,  •*  to  him  (i.  c.  the  king)  in  his  representative  capacity, 
and  as  suprenu;  executor  of  the  laws,  made  by  a  joint  power  of 
him  and  ctlicrs,  the  oaths  of  allegiance  are  taken,"  and  after- 


*  One  of  the  Kegiineuts  (Inn  in  B  )ston. — M'ole  by  the  Publishers. 


■'i 


HctJte- 


m 


111 


I  If 


v-HXt'ds  :  "  heace  these  professions,  (i.e.  of  allciriance)  are  not 
made  to  him  either  in  his  legishitivo,  or  executive  cnpucities;  but 
yet  it  seems  thej  are  made  to  the  king.  And  into  this  disiinctiou, 
■Bi'hich  is  no  where  to  be  found  cither  in  the  constitution  of  the 
government,  in  reason  or  common  sense,  the  igm^raut  and  thought- 
less have  been  deluded  ever  since  the  i»assing  of  the  stamp  act, 
nnd  they  have  rested  satisfied  with  it  without  th^  least  examina- 
tion." And  in  p.  0,  he  says,  '-'■  |  do  not  mean  to  oflVnd  the  inven- 
t6rs  of  this  rehned  distinction,  when  1  ask  them,  "  is  this  ac- 
knowledgement made  to  (he  king,  in  his  politic  capacity  as  king 
of  "  Great  Britain,  Sic.  ?  if  so,  it  includes  a  promise  of  obedience 
to  the  British  laws."  There  is  no  danger  of  this  gentleman's 
giving  offence  to  the  inventers  of  this  distinction,  for  they  have 
been  many  centuries  in  their  graves.  This  distmction  is  to  be 
found  every  where.  In  the  ca  .  of  ^Valos,  Ireland,  and  else- 
where, as  1  shall  shew  most  abundantly  before  1  have  done,  it  is 
to  be  found  in  two  of  the  greatest  cases,  and  most  deliberate  and 
solemn  judgments  that  were  ever  passed.  One  of  them  is  Cal- 
vin's case,  7  Kep.  which,  as  lord  Coke  tells  us,  was  as  elaborately, 
substantially,  and  judiciously  argued,  as  he  ever  heard,  or  read 
of  any.  After  it  had  been  argued  in  the  court  of  king's  bench, 
by  learned  council,  it  was  adjourned  to  the  exchequer  chamber, 
and  there  argued  again,  first  by  council  on  both  sides,  and  then  by 
the  lord  chancellor,  and  all  the  twelve  judges  of  England,  and 
among  these  were  the  greatest  men,  that  Westminster-llall  ever 
could  boast.  Ellismore,  Bacon,  Hide,  Hobart,  Crook,  and  Coke, 
were  all  among  them  :  and  the  chancellor  and  judges  were 
unanimous  in  resolving.  What,  says  the  book  ?  7.  Rep.  10. 
"  Now  seeing  the  king  hath  but  one  person,  and  several  capa- 
cities, and  one  politic  capacity  for  the  realm  of  England,  and  an- 
other for  the  realm  of  Scotland,  it  is  necessary  to  be  considered 
to  which  capacity  ligeance  is  due.  Jlnd  it  was  resolved  that  it  was 
due  to  the  natural  person  of  the  king  (which  is  ever  accompan- 
ied with  the  politic  capacity,  and  the  politic  capacity  as  it  were 
appropriated  to  the  natural  capacity)  and  it  is  not  due  to  the  po- 
litic capacity  only,  that  is,  to  tlui  crown  or  kingdom,  distinct  from 
his  natural  capacity."  And  further  on  7.  Rep.  11.  "  But  it  was 
clearly  resolved  by  all  the  judges,  that  presently  by  the  descent 
his  majesty  was  completely  and  absolutely  king,"  &c.  and  that 
coronation  was  but  a  royal  ornament.  6.  "In  the  reign  of  Ed- 
ward 2d.  the  Spencers,  to  cover  the  treason  hatched  in  their 
hearts,  invented  this  damnable  aiTd  damned  opinion,  that  homage 
and  oath  of  allegiance  was  more  by  reason  of  the  king's  crown, 
(that  is  of  his  politic  capacity)  than  by  reason  of  the  person  of 
the  king,  upon  which  opinion  they  inferred  execrable  and  detes- 
table consequences."  And  afterwards,  12.  "  Where  books 
and  acts  of  parliament  speak  of  the  ligeance  of  England,  &c. 
speaking  briefly  in  a  vulgar  manner,  are  to  be  understood  of  the 
ligeance  due  by  the  people  of  England  to  the  king ;  for  no  man 


il 


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will  affirm,  that  Eogland  itself,  taking  it  for  the  continent  thereof, 
doth  owe  any  ligeance  or  faith,  or  that  any  faith  or  ligcance  should 
he  due  to  it :  but  it  manifestly  appeareth,  that  the  ligeancc  or  fuith 
of  the  subject  is  proprium  (juarto  moJo  to  the  king,  oa/jju,  soli^  et 
semper.  And  oftentimes  in  the  reports  of  our  book  cases,  and 
in  acts  of  parliament  also,  the  crown  or  kingdom  is  taken  for  the 
king  himself,"  4ic.  *'  Tenure  in  capite  is  «  tenure  of  the  crown, 
and  is  a  seigniorie  in  grosse^  that  is  of  tiio  person  of  the  king.^* 
And  afterwards  6,  ^^  for  special  purposes  the  law  makes  him  a  body 
politic^  immortal  and  invisible^  whereunto  our  allegiance  cannot  ap- 
pertain.^'' 1  beg  leave  to  observe  here,  that  these  words  in  the 
foregoing  adjudication,  that  "  the  natural  person  of  the  king  is 
ever  accompanied  with  the  politic  capacity,  and  the  politic  capa- 
city as  it  were  appropriated  to  the  natural  capacity,"  neither  im- 
ply nor  infer  allegiance  or  subjection  to  the  politic  capacity  ;  be- 
cause in  the  case  of  king  James  Ist.  his  natural  person  was  "  ac- 
companied" with  three  politic  capacities  at  least,  as  king  of  Eng- 
land, Scotland,  and  Ireland  :  yet  the  allegiance  of  an  Englishman 
to  him  did  not  imply  or  infer  subjection  to  his  politic  capacity,  as 
king  of  Scotland. 

Another  place  in  which  this  distinction  is  to  be  found  is  in 
Moore's  reports,  p.  790.  "  The  case  of  the  union  of  the  realm 
of  Scotland  with  Enp^land."  And  this  deliberation,  I  hope  was 
solemn  enough.  This  distinction  was  agreed  on  by  commission- 
ers of  the  English  lords  and  commons  in  a  conference  with  com- 
missioners of  the  Scottish  parliament,  and  after  many  arguments 
and  consultations  by  the  lord  chancellor  and  all  the  judges,  and 
afterwards  adopted  by  the  lords  and  commons  of  both  nations. 
"  The  judges  answered  with  one  assent,  says  the  book,  that  alle- 
giiince  and  laws  were  not  of  equiparatioo  for  six  causes ;"  the 
sixth  and  last  of  which  is,  "  allegiance  followeth  the  natural  per- 
son not  the  politick."  "  If  the  king  go  out  of  England  with  a 
company  of  his  servants,  allegiance  remaineth  among  his  subjects 
and  servants,  although  he  be  out  of  his  own  realm,  zvhereto  his 
laws  are  confined,  &c.  and  to  prove  the  allegiance  to  be  tied  to 
the  body  natural  of  the  king,  not  to  the  body  politic,  the  lord 
Coke  cited  the  phrases  of  diverse  statutes,  &,c.  And  to  prove 
that  allegiance  extended  further  than  the  laws  national,  they  (the 
judges)  shewed  that  every  king  of  diverse  kingdoms,  or  duke- 
doms, is  to  command  every  people  to  defend  any  of  his  kingdoms, 
without  respect  of  that  nation  where  he  is  born  ;  as  if  the  king 
of  Spain  be  invaded  in  Portugal,  he  may  levy  for  defence  of  Por- 
tugal armies  out  of  Spain,  Naples,  Castile,  Milan,  Flanders  and 
the  like  ;  as  a  thing  incident  to  the  allegiance  of  all  his  subjects, 
to  join  together  in  defence  of  any  of  his  territories,  without  re- 
spect of  the  extent  of  tlie  laws  of  that  nation  where  he  was  born  ; 
whereby  it  manifestly  appeareth,  that  allegiance  followeth  the 
natural  person  of  the  king,  and  is  not  tied  to  the  body  politick 
respectively  in  every  kingdom.     There  is  one  observation,  not 


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immediately  to  the  present  point,  but  so  connected  with  our  con* 
tfQVcrsy,  that  it  ought  not  to  l>c  overlooked.  "  For  the  matter 
of  the  great  seal,  the  judges  shewed  that  the  seal  was  alterable 
by  the  king  at  his  pleasure,  and  he  might  make  one  seal  for  both 
kingdoms,  for  seals,  coin,  and  leagues,  and  of  absolute  prerogative 
of  the  king  without  parliament,  nor  restrained  to  any  assent  of 
the  people."  "  But  for  further  resolution  of  this  point,  how  far 
the  great  seal  doth  command  out  of  Engliind,  they  made  this  dis- 
tinction,  that  the  great  seal  was  current  for  remedials,  which 
growcth  on  complaint  of  the  subjects,  and  thereupon  writs  are 
addressed  under  the  great  seal  of  England,  whi^h  writs  arc  lim- 
ited, their  precinct  to  be  within  the  places  of  the  jurisdiction  of 
the  court,  that  was  to  give  the  redress  of  the  wrong.  And  there- 
fore writs  are  not  to  go  into  Ireland  nor  the  Isles,  nor  Wales,  nor 
the  counties  palatine,  because  the  king's  courts  here  have  not 
power  to  hold  plea  of  lands,  nor  things  there.  But  the  great  seal 
hath  a  power  preceptory,  to  the  person,  which  power  extendeth 
to  any  place,  where  the  person  may  be  found."  Ludlow's  case, 
&c.  who  being  at  Rome,  a  commandment  under  the  great  seal 
was  sent  for  him  to  return."  So  Bertie's  case  in  queen  Mary's 
time,  and  Inglefield'scase  in  queen  Elizabeth's,  the  privy  seal  went 
to  command  them  to  return  into  the  realm,  and  for  not  coming 
their  lands  were  seized,"  &c.  But  to  return  to  the  point : 
"  And  as  to  the  objection,"  says  the  book, "  that  none  can  be  born  a 
natural  subject  of  two  kingdoms,  they  denied  that  absolutely, 
for  although  locally,  he  can  be  born  but  in  one,  yet  effectually, 
the  allegiance  of  the  king  extending  to  both,  his  birthright  shall 
extend  to  both."  And  afterwards,  "  but  that  his  kingly  power  ex- 
tendeth to  diverse  nations  and  kingdoms,  all  owe  him  equal  sub- 
jection, and  are  equally  born  to  the  benefit  of  his  protection  ;  and 
although  he  is  to  govern  them  by  their  distinct  laws^  yet  any  one 
of  the  people  coming  into  the  other,  is  to  have  the  benefit  of  the 
laws,  wheresoever  he  cometh  ;  but  living  in  one,  or  for  his  live- 
lihood in  one,  he  is  not  to  be  taxed  in  the  other,  because  laws  or- 
dain taxes,  impositions,  and  charges,  as  a  discipline  of  subjection 
particularized  to  every  particular  nation."  Another  place  where 
this  distinction  is  to  be  found  is  in  Foster's  crown  law,  p.  184. 
"  There  have  been  writers,  who  have  carried  the  notion  of  natu- 
ral, perpetual,  unalienable  allegiance  much  farther  than  the  sub- 
ject of  this  discourse  will  lead  me.  They  say,  very  truly,  that 
it  is  due  to  the  person  of  the  king,  &c."  It  is  undoubtedly  due  to 
the  person  of  the  king ;  but  in  that  respect  natural  allegiance 
differeth  nothing  from  what  we  call  local.  For  allegiance  con- 
sidered in  every  light  is  alike  due  to  the  person  of  the  king ;  and 
is  paid,  and  in  the  nature  of  things  must  be  constantly  paid,  to  that 
prince,  who  for  time  being,  is  in  the  actual  and  full  possession  of 
the  regal  dignity." 

Indeed  allegiance  to  a  sovereign  lord,  is  nothing  more  than  fe- 


-^i 


alty  to  a  subordinate  lord, 

15 


and  in  neither  case,  has   any  relation 


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to,  or  conricctioti  with  lawn  or  parliaments,  lords  or  conii«on». 
'I'horo  was  a  rociprocal  confidence  bet»vef  u  the  lord  and  vassal. 
The  lonl  was  to  |irotect  the  vassal  in  the  enjoyment  of  his  land. 
The  vassal  was  to  lie  faithful  to  hi»  lord,  and  defend  him  agciinst 
his  enemies.  'I'liis  obligation  on  the  part  uf  the  vassal,  was  hid 
lenity,  yj(/p/t/«s.  The  oath  of  fealty,  hy  the  feodal  law  to  he  ta- 
ken by  the  vandal  or  tenant,  is  nearly  in  the  very  words  as  the  an- 
cient oath  of  allccfiance.  lint  neither  fealty,  allep'iance,  or  the  oath 
of  cither  implied  any  thing  about  laws,  parliaments,  lords  or  com- 
mons. 

The  fealty  and  allepfiancc  of  Americans  then  is  undoubtf.dly  -hie 
tc  tin;  person  of  kingf  (jleor^e  the  third,  whom  God  loTi!4  t't't'si^rvc 
and  prospp.r.  It  is  due  to  him,  in  his  natural  person,  a*  that  nat- 
ural person  is  intituled  to  the  crown,  the  kingly  oflico,  tin;  royal 
<li;4iiity  of  the  realm  of  England.  And  it  becomes  due  to  hi;i  nat- 
ural person,  because  he  is  intituletl  to  that  oflice.  And  because 
by  the  charters,  and  other  express  and  implied  contracts  made 
between  the  Americans  and  the  kings  of  England,  they  have 
bound  themselves  to  fealty  and  allegiance  to  the  natural  person 
of  that  prince,  who  shall  rightfully  hold  the  kingly  oflice  in  En- 
gland, and  no  otherwise. 

'•  With  us  in  England,  says  Rlackstone,  v.  1,  307.  it  becoming  a 
aeltlc'il  principle  of  tenure,  tliat  all  lands  in  the  kingdom  are  hold- 
en  ofthekingas  their  sovereign  and  lord  paramount,  &,c.  the 
oath  of  allegiance  was  necessarily  confined  to  the  person  of  the 
king  alone.  By  an  easy  analogy,  the  term  of  allegiance  was  soon 
brought  to  signify  all  other  engagements,  which  are  due  from  sub- 
jects simply  and  merely  territorial.  And  the  oath  of  allegiance,  as 
administered  for  upwards  of  six  hundred  years,  contained  a  promise 
to  be  true  and  failhiul  to  the  king  and  his  heirs,  and  truth  and 
faith  to  bear  of  life  and  limb  and  terrene  honor,  and  not  to  know, 
or  hear  of  any  ill  or  damages  intended  him,  without  defending  him 
therefrom."  But  at  the  revolution,  the  terms  of  this  oath  being 
thought  perhaps  to  favor  too  much  the  notion  of  non-resistance, 
the  present  form  was  introduced  by  the  convention  parliament, 
which  is  more  general  and  indeterminate  than  the  former,  the  sub- 
ject promising  "  that  he  will  be  faithful,  and  bear  true  allegi- 
ance to  only  the  king,"  without  mentioning  his  heirs,  or  specifying 
the  least  wherein  that  allegiance  consists. 

Thus  I  think  that  all  the  authorities  in  law,  coincide  exactly 
with  the  observation  which  I  have  heretofore  made  upon  the 
case  of  Wales,  and  shew  that  subjection  to  a  king  of  England 
does  not  necessarily  imply  subjection  to  the  crown  of  England ; 
and  that  subjection  to  the  crown  of  England,  does  not  imply  sub- 
jection to  the  parliament  of  England ;  for  allegiance  is  due  to  the 
person  of  the  king,  and  to  that  alone,  in  all  three  cases,  that  is, 
whether  we  are  subject  to  his  parliament  and  crown,  as  well  as 
his  person,  as  the  people  in  England  are,  whether  we  are  subject 
to  his  crown  and  person,  without  parliament,  as  the  Welch  were 
after  the  conquest  of  Lewellyn,  and  before  the  union,  or  as  the 


':i 


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115 


Iiiih  were  after  the  conquest  and  before  Poynin^^'s  law,  or  wheth' 
er  we  are  subject  to  liis  ()ois(»n  alone,  as  the  Scots  wore  to  the 
king  of  Knghmd,  after  the  accession  of  James  l^t.  being  not  at  all 
nubject  to  the  i»arhament  or  croivn  of  Enj^lantl. 

We  do  not  adnut  any  hinchng  authority  in  the  decisions  arul  ad- 
judications of  the  court  of  king-'s  bench  or  conunon  jdeas,  or  the 
court  of  chancery  over  America  :  but  we  quote  them  as  the  opin- 
ions of  learned  uumi.  In  these  we  fuid  a  distinction  between  a 
coimtry  counquered,  and  a  country  discovered.  Con(|ue.-*t,  liiey 
say,  gives  the  crown  an  absolute  power:  discovery,  only  givci 
the  subject  a  right  to  all  the  laws  of  England.  Thev  add,  that 
all  the  laws  of  England  are  in  force  there.  I  conlt^ss  I  do  lujt 
see  the  reason  of  this.  There  are  several  cases  in  books  of  lawr 
which  may  be  properly  thrown  before  the  public.  I  am  no  more 
of  a  lawyer  than  Massachusettensis,  but  have  taken  his  advice, 
and  conversed  with  many  lawyers  upon  our  subject,  some  honest, 
some  dishonest,  some  living,  some  dead,  and  am  willing  to  lay  be- 
fore you  what  I  have  learned  from  all  of  them.  In  S.ilk.  411,  the 
case  of  Blankard  and  Galdy.  "  In  debt  upon  a  bond,  the  defend- 
ant prayed  oyer  of  the  condition,  and  pleaded  the  statutes  E.  6. 
against  buying  otHces  concerning  the  administration  of  justice ; 
and  ayerred  that  tiiis  bond  was  given  for  the  purchase  of  the 
office  of  provost  marshal  in  Jamaica,  and  that  it  concerned  the 
administration  of  justice,  and  that  Jamaica  is  port  of  the  revenur. 
find  possessions  of  the  crown  of  England.  The  plaintid  replied, 
that  Jamaica  is  an  island  beyond  the  seas^  which  wns  conquered' 
from  the  Indians  and  Spaniards  in  Queen  Elizabeth's  time,  and 
the  inhabitants  are  governed  by  their  own  laws,  and  not  by  the 
laws  of  England.  The  defendant  rejoined,  that  before  such  con- 
quest, they  were  governed  by  their  own  laws ;  but  since  that,  by 
the  laws  of  England.  Shower  argued  for  the  plaintiff,  that  on  ii 
judgment  in  Jamaica,  no  writ  of  error  lies  here,  but  only  an  ap- 
peal to  the  council ;  and  us  they  are  not  represented  in  our  parlia- 
ment^ so  they  are  not  bound  by  our  statutes^  unless  specially  named. 
Vid.  And.  1 15.  Pemberton  contra  argued,  that,  by  the  compiest  of 
a  nation^  its  liberties,  rights,  and  properties,  are  quite  lost ;  that  by 
consequence  their  laws  are  lost  too,  for  the  law  is  but  the  rule  and 
guard  of  the  other ;  those  that  conquer  cannot,  by  their  victory, 
lose  their  laws,  and  become  subject  to  others.  Vid.  Vaugh.  405. 
That  error  lies  here  upon  a  judgment  in  Jamaica,  which  could 
not  be,  if  they  were  not  under  the  same  law.  Et.  per  Holt,  C. 
J.  and  Cur.  Ist.  In  case  of  an  uninhabited  country,  newly  found 
out  by  English  subjects,  all  laws  in  force  in  England  are  in  force 
there  ;  so  it  seemed  to  be  agreed.  2.  Jamaica  being  conquered, 
and  not  pleaded  to  be  parcel  of  the  kingdom  of  England,  but  part 
•f  the  possessions  and  revenue  of  the  crfwn  of  England  ;  the  laws 
of  England  did  not  take  place  there,  until  declared  so  by  the  con- 
queror, or  his  successors.  The  Isle  of  Man  and  Ireland  are  part 
of  the  possessions  of  the  crown  of  England,  y«t  retain  their  »r.- 


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116 


cient  laws,  tiiat  in  Davis,  36,  it  is  not  pretended  that  the  custom 
of  tanistry  was  determined  by  the  conquest  of  Ireland,  but  by  the 
new  settlement  made  there  after  the  conquest :  that  it  was  im- 
possible the  laws  of  this  nation,  by  mere  conquest,  without  more 
should  take  place,  in  a  conquered  country,  because  for  a  tipoe, 
there  must  want  officers,  without  which  our  laws  can  have 
no  force ;  that  if  our  law  did  take  plate,  yet  they,  in  Jamaica, 
having  power  to  make  new  laws,  our  general  laws  m<iy  be 
altered  by  theirs  in  particulars ;  also  they  held  that  in  case  of  an 
infidel  country  ;  their  laws  by  conquest  do  not  entirely  cease,  but 
only  such  as  are  against  the  law  of  God ;  and  that  in  such  cases 
where  the  laws  are  rejected  or  silent,  the  conquered  country  shall 
be  governed  according  to  the  rule  of  natural  equity.  Judgment, 
pro  quer. 

Upon  this  case  1  beg  leave  to  make  a  few  observations.  1.  That 
Shower's  reasoning,  that  we  are  not  bound  by  statutes,  because  not 
represented  in  parliament,  is  universal,  and  therefore  hie  excep- 
tion, "  unless  specially  named,"  although  it  is  taken  from  analogy 
to  the  case  of  Ireland,  by  lord  Coke  and  others,  yet  it  is  not  taken 
from  the  common  law,  but  is  merely  arbitrary  and  groundless,  as 
applied  to  us :  because,  if  the  want  of  representation  could  be 
supplied,  by  "  expressly  naming"  a  country,  the  right  of  repre- 
sentation might  be  rendered  null  and  nugatory.  But  of  this,  more 
another  time. 

2.  That  by  the  opinion  of  Holt,  and  the  whole  court,  the  laws 
of  England,  common  and  statute,  are  in  force  in  a  vacant  country, 
discovered  by  Englishmen.  But  America  was  not  a  vacant  coun- 
try ;  it  was  full  of  inhabitants  ;  our  ancestors  purchased  the  land  ; 
but  if  it  had  been  vacant,  his  lordship  has  not  shewn  us  any  au- 
thority at  common  law,  that  the  laws  of  England  would  have  been 
in  force  there.  On  the  contrary,  by  that  law,  it  is  clear  they  did 
not  extend  beyond  seas,  and  therefore  could  not  be  binding  there, 
any  further  than  the  free  will  of  the  discoverers  should  make 
them.  The  discoverers  had  a  right  by  nature,  to  set  up  those 
laws,  if  they  liked  them,  or  any  others,  that  pleased  them  better, 
provided  they  were  not  inconsistent  with  their  allegiance  to  the 
king.  3.  Ti^e  court  held  that  a  country  must  be  parcel  of  the 
kingdom  of  England,  before  the  laws  of  England  could  take 
place  there  ;  which  seems  to  be  inconsistent  with  what  is  said 
before,  because  discovery  of  a  vacant  country  does  not  make  it 
parcel  of  the  kingdom  of  England,  which  shews,  that  the  court, 
when  they  said  that  all  laws  in  force  in  England,  are  in  force 
in  the  discovered  country,  meant  no  more  than  that  the  discov- 
erers  had  a  right  to  all  such  laws,  if  they  chose  to  adopt  them.  4. 
The  idea  of  the  court,  in  this  case,  is  exactly  conformable  to,  if  not 
taken  from  the  case  of  Wales.  They  consider  a  conquered  coun- 
try as  Edward  1st.  and  his  successors  did  Wales,  as  by  the  con- 
quest annexed  to  the  crown,  as  an  absolute  property,  possession, 
or  revenue,  and  therefore  to  be  disposed  of  at  its  will  ;  not  en- 


iiiilL  ...-_,^ . 


as 


117 


titled  to  the  laws  of  England,  although  bound  to  be  governed  by 
the  king's  will,  in  parliament  or  out  of  it,  as  he  pleased.  5  The 
Isle  of  Man  and  Ireland,  are  considered  like  Wales,  as  conquered 
countries,  and  part  of  the  possessions  (by  which  they  mean  pro- 
perty or  revenue)  of  the  crown  of  England,  yet  have  been  al- 
lowed by  the  king's  will  to  retain  their  ancient  laws.  6.  That 
the  case  of  America  differs  totally  from  the  case  of  Wales^  Ire> 
land,  Man,  or  any  other  case,  which  is  known  at  common  law,  or 
in  English  history.  There  is  no  one  precedent  in  point,  in  any 
English  records,  and  therefore  it  can  be  determined  only  by  eter- 
nal reason,  and  the  law  of  nature.  But  yet  that  the  analogy  of 
all  these  cases  of  Ireland,  Wales,  Man,  Chester,  Durham,  Lan- 
caster, kc.  clearly  concur  with  the  dictates  of  reason  and  nature, 
that  Americans  arc  entitled  to  all  the  libertiesof  Englishmen,  and 
that  they  are  not  bound  by  any  acts  of  parliament  y/hatever,  by 
any  law  known  in  English  records  or  history,  excepting  those  for 
the  regulation  of  trade,  which  they  have  consented  to  and  acqui- 
esced in.  7.  To  these  let  me  add,  that  as  the  laws  of  England, 
and  the  authority  of  parliament  were  by  common  law  confined  to 
the  realm,  and  within  the  lour  seas,  so  was  the  force  of  the  great 
leal  ol  England.  Salk.  510.  "  The  great  seal  of  England  is 
appropriated  to  England,  and  what  is  done  under  it  has  relation 
to  England,  and  to  no  other  place."  So  that  the  kmg,  by  common 
law,  had  no  authority  to  create  peers  or  governments,  or  any  thing 
out  of  the  realm,  by  his  great  seal ;  and  therefore  our  charters 
and  commissions  to  governors,  being  under  the  great  eeal,  give? 
us  no  more  authority,  nor  binds  us  to  any  other  duties,  than  if  they 
had  been  given  under  the  privy  seal,  or  without  any  seal  at  all. 
Their  binding  force,  both  upon  the  crown  and  us,  is  wholly  from 
compact  and  the  law  of  nature. 

There  is  another  case  in  which  the  same  sentiments  are  pre- 
served ;  it  is  in  2.  P.  Williams,  70,  memorandum  9th  August,  1722. 
It  was  said  by  the  master  of  the  rolls  to  have  been  determined 
by  the  lords  of  the  privy  council,  upon  an  appeal  to  the  king  in 
council  from  the  foreign  plantations.  1st.  That  if  there  be  a  new 
and  uninhabited  country,  found  out  by  English  subjects,  as  the  law 
is  the  birih  right  of  every  subject,  so,  wherever  they  go,  they 
carry  their  laws  with  them,  and  therefore  such  new  found  country 
is  to  be  governed  by  the  laws  of  Eiigland  ;  thou^Ii  after  such 
country  is  inhabited  by  the  English,  a<.ts  of  parliament  made  in 
England,  without  natning  the  foreign  plantations,  will  not  bind 
them ;  for  which  reason  it  has  been  determined  that  the  Ptaiulc 
of  frauds  and  perjuries,  which  requires  three  witnesses,  and  that 
these  should  subscribe  in  the  testators  presence  in  the  <;>se  of  a 
devise  of  land,  does  not  bind  Barbadoes,  but  that  2dly.  Where 
the  king  of  England  conquers  a  country,  it  is  a  different  conside- 
ration ;  for  there  the  conqueror,  by  saving  the  lives  of  the  poo- 
ple  conquered,  gains  a  right  and  property  la  such  people  !  In  con- 
sequence of  which  he  may  impose  upon  tkem   what   laws  h* 


w 


'1  i 

II 

.ii    ' 

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,(  1 

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118 


pleases,  feut  3dly.  Until  such  laws,  given  by  the  conquering 
prince,  the  laws  and  customs  of  the  conquered  country  shall  hold 
place,  unless  where  these  are  contrary  to  our  religion,  or  enact 
any  thing  that  is  malum  in  «e,  or  are  silent ;  for  in  all  such  cases 
the  lawg  of  the  conquering  country  shall  prevail. 

NOVANGLUS. 


'U 


Ml; 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bay, 

April  3,  1775. 

MV    FRIEND>!,  • 

GIVE  me  leave  now  to  descend  from  these  general  matters,  to 
Massachusettensis.  He  says  "  Ireland,  who  has  perhaps  the  great- 
est possible  subordinate  legislature,  and  sends  no  members  to  the 
British  parliament,  is  bound  by  its  acts  when  expressly  named." 
But  if  we  are  to  consider  what  ought  to  be,  as  well  as  what  is, 
why  should  Ireland  have  the  greatest  possible  subordinate  legisla- 
ture ?  Is  Ireland  more  numerous  and  more  important  to  what  is 
called  the  British  empire,  than  America?  Subordinate  as  the 
Irish  legislature  is  said  to  be,  and  a  conquered  country  as  undoubt- 
edly it  is,  the  parliament  of  Great  Britain,  although  they  claim  a 
power  to  bind  Ireland  by  statutes,  have  never  laid  one  farthing  of 
tax  upon  it.  They  knew  it  would  occasion  resistance  if  they 
should.  But  the  authority  of  parliament  to  bind  Ireland  at  all,  if 
it  has  any,  is  founded  upon  a  different  principle  entirely  from  any 
that  takes  place  in  the  case  of  America.  It  is  founded  on  the  con- 
sent and  compact  of  the  Irish  by  Poyning's  law  to  be  s*o  governed, 
if  it  has  any  foundation  at  all :  and  this  consent  was  given  and 
compact  made  in  consequence  of  a  conquest. 

In  the  reign  of  Henry  2d  of  England,  there  were  five  distinct 
sovereignties  in  Ireland ;  Munster,  Leinster,  Meath,  Ulstsr  and 
Connaught,  besides  several  small  tribes.  As  the  prince  of  any  one 
of  these  petty  states  took  the  lead  in  war,  he  seemed  to  act,  for 
the  time  being,  as  monarch  of  the  island.  About  the  year  1172, 
Koderic  O'Connor,  king  of  Connaui^ht,  was  advanced  to  this  pre- 
eminence. Henry  had  long  cast  a  wishful  eye  upon  Ireland,  and 
now  partly  to  divert  his  subjects  from  the  thoughts  of  Becket'9 
murder,  partly  to  appease  the  wrath  of  the  pope  for  the  same 
event,  and  partly  to  gratify  his  own  ambition,  he  lays  hold  of  a 
))retence,  that  tlie  Irish  had  taken  some  natives  of  England  and  sold 
them  for  slaves,  ajiplies  to  the  pope  for  license  to  invade  that 
island.     Adrian  the  3d,  an  Englishman  by  birth,  who  was  then 


119 


pontiff,  and  yery  clearlj  convinced  in  his  own  mind,  of  his  right 
to  dispose  of  kingdoms  and  empires,  was  easily  persuaded,  by  the 
prospect  of  Peter's  pence,  to  act  as  emperor  of  the  world,  and 
make  an  addition  to  his  ghostly  jurisdiction  of  an  island  uliich, 
though  converted  to  Christianity,  had  never  acknowledged  any 
subjection  to  the  see  of  Rome.  He  issued  a  bull,  premising  that 
Henry  had  ever  shetvn  an  anxious  care  to  enlarge  the  church,  and 
increase  the  saints  on  earth  and  in  heaven  :  that  bis  design  upon 
Ireland  proceeded  from  the  same  pious  motives  :  that  his  applica- 
tion to  the  holy  see,  was  a  sure  earnest  of  success :  that  it  was  a 
point  incontestible,  that  all  christian  kingdoms  belonged  to  the 
patrimony  of  St.  Peter ;  that  it  was  his  duty  to  sow  among  them 
the  seeds  of  the  gospel,  which  might  fructify  to  their  eternal  sal- 
vation. He  exhorts  Henrj  to  invade  Ireland,  exterminate  the  vices 
of  the  natives,  and  oblige  them  to  pay  yearly,  from  every  house, 
a  penny  to  the  see  of  Rome  ;  gives  him  full  rigiit  and  entire  au- 
thority over  the  whole  islan^^l ;  and  commands  all  to  obey  him  as 
their  sovereign 

Macmorrough,  a  licentious  scoundrel,  who  was  king  of  Leinster, 
had  been  driven  from  his  kingdom,  for  his  tyranny,  by  his  own 
subjects,  in  conjunction  with  Ororic,  king  of  Meath,  who  made 
war  upon  him  for  committing  a  rape  upon  his  queen,  applied  to 
Henry  for  assistance,  to  restore  him,  and  promised  to  hold  his 
kingdom  in  vassalage  of  the  crown  of  England. 

Henry  accepted  the  offer  and  engaged  in  the  enterprise.  It  is 
unnecessary  to  recapitulate  all  the  intrigues  of  Henry,  to  divide 
the  Irish  kingdoms  among  themselves,  and  set  one  against  another, 
which  are  as  curious  as  those  of  Edward  1st.  to  divide  the  kinsr- 
dom  of  Wales,  and  play  Lewellyn's  brothers  against  him,  or  as 
those  of  the  ministry,  and  our  junto,  to  divide  the  American  col- 
onies, who  have  more  sense  than  to  be  divided.  It  is  suflicient  to 
say,  that  Henry's  expeditions  terminated  altogether  by  means  of 
those  divisions  among  the  Irish,  in  the  total  conquest  of  Ireland, 
^nd  its  annexation  forever  to  the  English  crown.  By  the  annex- 
ation of  all  Ireland  to  the  English  crown,  I  mean  that  all  the  prin- 
ces and  petty  sovereigns  in  Ireland  agreed  to  become  vassals  of 
the  English  crown.  But  what  was  the  consequence  of  this  ?  The 
same  consequence  was  drawn,  by  tne  kings  of  England  in  this 
case,  as  had  been  drawn  in  the  case  of  Wales  after  the  conquest 
of  Lewellyn,  viz  :  that  Ireland  was  become  part  of  the  property^ 
possession  or  revenue  of  the  English  crown,  and  that  its  authority 
over  it  was  absolute  and  without  controul. 

That  matter  must  be  traced  from  step  to  step.  The  first  mon- 
ument we  find  in  English  records,  concerning  Ireland,  is  a  mere 
rescriptuin  principis,  intituled  statutvhi  Hibcmiae  de  coheredibus^  I4, 
Henry  3d,  A.  D.  1229.  In  the  old  abridgment  Tit.  Homage,  this 
is  said  not  to  be  a  statute.  Vid.  Ruffhcad's  statutes  at  large, -V.  l. 
15.  Mr.  Cay  very  properly  observes,  that  it  is  not  an  act  of 
parliament,  Vid.  Barrington's  observations  on  the  statutes,  p.  34. 


""^m 


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120 


In  this  rescript,  the  king  informs  certain  milites,  (adrentureis 
probably  in  the  conquest  of  Ireland,  or  their  descendants)  who 
had  doubts  how  lands  holden  by  knights'  service  descending  to  co- 
partners, within  age,  should  be  divide  ],  what  is  the  law  and  cus- 
torn  in  England  with  regard  to  this. 

But  the  record  itself  shews  it  to  be  a  royal  rescript  only.  Rex 
dilecto  etfideli  suo  gerardo  Jifmauricii  justii'  suo  Jiibcrniae  salutetn. 
Quia  tales  Milites  de  partibus  Hiberniue  nuper^  ad  nos  accedentet 
nobis  ostenderunt,  '^aod,  &c.  Et  a  nobis  petierunt  inde  certiorari 
qualitcr  in  regno  nostra  Angliae  in  casu  consimili  hactenits  usitatum 
sit^  &c.  He  then  goes  on  and  certifies  what  the  law  in  England 
was,  and  then  concludes,  Et  Ideo  vobis  mandamus^  quod  predictas 
consuetudines  in  hoc  casu^  quas  in  regno  nostro  Angliae  habemus^  ut 
predicttim  est,  in  terra  nostra  Hiberniae  proclamari  et  jirmiter  ieneri, 
fac,  &c. 

Here  again  we  find  the  king  conducting,  exactly  as  Edward  1st. 
did  in  Wales,  after  the  conquest  of  Wales.  Ireland  had  now  been 
annexed  to  the  English  crown  many  years,  yet  parliament  was  not 
allowed  to  have  obtained  any  jurisdiction  over  it,  and  Henry  or- 
dained laws  for  it  by  his  sole  and  absolute  authority,  as  Edward  1st. 
did  by  the  statute  of  Wales.  Another  incontestible  proof  that  an- 
nexing a  country  to  the  croivn  of  England,  does  not  annex  it  te 
the  realm,  or  subject  it  to  parliament.  But  we  shall  find  innumer- 
able proofs  of  this. 

Another  incontestible  proof  of  this,  is  the  ordinatio  pro  statu 
Hiberniae  made  17  Edward  1,  1288. 

This  is  an  ordicance  made  by  the  king,  by  advice  of  his  council, 
for  the  government  of  Ireland.  "  Edward,  by  the  grace  of  God, 
king  of  England,  lord  of  Ireland,  &c.  to  all  those  who  shall  see  or 
heur  these  letters,  doth  send  salutation.  He  then  goes  on  and  or- 
dains many  regulations?,  among  \vhich  the  seventh  chapter  is  "  that 
none  of  our  officers  shall  receive  an  original  writ  pleadable  at  the 
common  law,  but  such  as  be  sealed  by  the  great  seal  of  Ireland," 
to.  This  ordinance  concludes,  "  In  witaess  whereof  we  have 
caused  these  our  letters  patent  to  be  made."  Dated  at  Notting- 
ham 24th  Nov.  17th  year  of  our  reign. 

This  law,  if  it  was  passed  in  parliament,  was  never  considered 
to  h{\ve  any  more  binding  force,  than  if  it  had  been  made  only  by 
the  king.  By  Poyning's  law  indeed  in  the  reign  of  sHenry  7th.  all 
)(recedent  English  statutes  are  made  to  bind  in  Ireland,  and  thii 
among  the  rest ;  but  until  Poyning's  law,  it  had  no  validity  as  an 
act  of  parliament,  and  was  never  executed,  but  in  the  English 
pale,  for,  notwithstanding  all  that  is  said  of  the  total  compact  by 
Henry  2d. ;  yet  it  did  not  extend  much  beyond  the  neighbourhood 
of  Dublin,  and  the  conqueror  could  not  enforce  his  laws  and  reg- 
ulations much  further. 

.  There  is  a  note  on  the  roll  of  21  Edward  1st.  in  these  words : 
"  Et  memorandum  quod  istud  statu*vm,  de  verbo  ad  verbum,  missum 
fait  in  Hiberniam^  teste  rege  apud  Kenyngton  1 4  die,  Jiugusti^  anno 


iiL 


121 


regni  sui  vieesimo  septimo  :  tt  mandatum  fuit  Johanni  Wogan  jus- 
Hdario  Hibemiae,  quod  praedictum  statutum^  per  Hibtrniam^  in  lo- 
iis  quibus  expedire  viderit  legi,  tt  pvblice  proclamari  acfirmiter  U- 
nerifficiat. 

"  This  note  most  fully  proves,  that  the  king,  by  his  sole  au- 
thority, could  introduce  any  English  law  ;  and  will  that  authority 
be  lessened  by  the  concurrence  of  the  two  houses  of  parliament  ? 
There  is  also  an  order  of  Charles  1st.  in  the  third  year  of  his 
l-eign,  tc  the  treasurers  and  chancellors  of  the  exchequer,  both 
of  England  and  Ireland,  by  which  they  are  directed  to  increase 
the  duties  upon  Irish  exports ;  which  shews  that  it  was  then  im- 
agined, that  the  king  would  tax  Ireland  by  his  prerogative, 
without  the  intervention  of  parliament."  Yid.  obs.  on  the  sta- 
tutes, p,  127. 

Another  instance  to  shew,  that  the  king  by  his  sole  authority, 
whenever  he  pleased,  made  regulations  for  the  government  of 
Ireland,  notwithstanding  it  was  annexed  and  subject  to  the  crown 
of  Englaud,  is  the  ordinatio  facta  pro  statu  terrae  Hiberniae,  in 
the  31  Edward  1.  in  the  appendix  to  Ruffhead's  statutes,  p.  37. 
This  is  an  extensive  code  of  laws,  made  for  the  government  of 
the  Irish  church  and  state,  by  the  king  alone,  without  lords  or 
commons.  The  kings  "  volwnus  et  firmiter  precipimusy''''  governs 
and  establishes  all,  and  among  other  things,  he  introduces  by  the 
18th  chapter,  the  English  laws  for  the  regimen  of  persons  of 
English  extract  settled  in  Ireland. 

The  next  appearance  of  Ireland,  in  the  statutes  of  England,  is 
in  the  34  Edward  3d,  c.  17.  This  is  no  more  than  a  concession 
of  the  king  to  his  lords  and  commons  of  England,  in  these  words. 
^^  Item,  it  is  accorded  that  all  the  merchants,,a8  well  aliens  as  deni- 
zens, may  come  into  Ireland,  with  their  merchandizes,  and  from 
thence  freely  return  with  their  merchandizes  and  victuals, 
without  fine  or  ransom  to  be  taken  of  them,  saving  always  to  the 
king,  his  ancient  customs  and  other  duties."  Ana  by  chapter  18, 
"  Itetn,  that  the  the  people  of  England,  as  well  religious  as  other, 
which  have  their  heritage  and  possessions  in  Ireland,  may  bring 
their  com,  beasts  and  victuals  to  the  said  land  of  Ireland,  and 
from  thence  re-carry  their  goods  and  merchandizes  into  Eng- 
land freely  without  impeachment,  paying  their  customs  and  de- 
voirs to  the  king." 

All  this  is  no  more  than  an  agreement  between  the  king  and 
his  En^^lish  subjects,  lords  and  commons,  that  there  should  be  a 
free  trade  between  the  two  islands,  and  that  one  of  them  should 
be  free  for  strangers.  But  it  is  no  colour  of  proof  that  the  king 
could  not  govern  Ireland  without  his  English  fords  and  commons. 

The  1.  Henry  5th.  c.  8.  All  Irishmen  and  Irish  clerks,  beg. 
gars,  shall  depart  this  realm  bsfore  the  1st  day  of  November,  ex- 
cept graduates,  sergeants,  &c.  is  explained  by  1.  Henry  6th.  c.  3. 
which  shews  what  sort  of  Irishmen  only  may  come  to  dwell  in 
England.     It  enacts  that  all  persons,  born  in  Ireland,  shall  depart 

16 


■t 


.  .1 


^tl 


I'' 


:  -..li 


110,1 


122 


wilt  of  the  realm  of  England,  except  a  few ;  and  that  Irishmeq 
shall  not  be  principals  of  any  hall,  and  that  Irishmen  shall  bring 
testimonials  from  the  lieutenant,  or  justice  of  Ireland,  that  they 
are  of  the  king's  obeisance.  By  the  8th,  Henry  6th.  c.  8.  Irish- 
men resorting  into  the  realm  of  England,  shall  put  in  surety  for 
their  goodubearing."  • 

Thus  1  have  cursorily  mentioned  every  law  made  by  the  king 
of  England,  whether  in  parliament  or  out  of  it,  for  the  govern- 
ment of  Ireland,  from  the  conquest  of  it  by  Henry  2d.  in  1 172, 
down  to  the  reign  of  Henry  7th.  when  an  express  contract  was 
made  between  the  two  kingdoms,  that  Ireland  should  for  the  fu- 
ture be  bound  by  English  acts  of  parliament,  in  which  it  should 
be  specially  named.  This  contract  was  made  in  1495  ;  so  that 
upon  the  whole  it  appears,  beyond  dispute,  that  for  more  than 
300  years,  though  a  conquered  country,  and  annexed  to  the  crown 
of  England ;  yet  was  so  far  from  being  annexed  to,  or  parcel  of 
the  realm,  that  the  king's  power  was  absolute  there,  and  he 
might  govern  it  without  his  English  parliament,  whose  advice 
concerning  it,  he  was  under  no  obligation  to  ask  or  pursue. 

The  contract  I  here  alluded  to,  is  what  is  called  Poyning's 
law  ;  the  history  of  which  is  briefly  this.  Ireland  revolted  from 
England,  or  rather  adhered  to  the  partizans  of  the  house  of 
York  ;  and  Sir  Edward  Poyning  was  sent  over  about  the  year 
1495,  by  king  Henry  7th.  with  very  extensive  powers,  over  the 
civil  tts  well  as  military  administration.  On  his  arrival  he  made 
severe  inquisition  about  the  disaffected,  and  in  particular  attack- 
ed the  earls  of  Diamond  apd  Kildarc.  The  first  stood  upon  the 
defensive,  and  eluded  the  power  of  the  deputy  :  but  Kildare  was 
Sent  prisoner  to  England  :  not  to  be  executed^  it  seeins^  nor  to  be 
■tried  upon  the  statute  of  Henry  8<A,  but  to  be  dismissed,  as  he  actu- 
ally was,  to  his  own  country,  with  marks  of  the  kirig's  esteem  and 
favor ;  Henry  judging  that,  at  such  a  juncture,  he  should  gain 
more  by  clemency  and  indulgence,  than  by  rigor  arid  severity. 
In  this  opinion  he  sent  a  commissioner  to  Ireland,  with  a  formal 
Amnesty,  in  favor  of  Desmond  and  all  his  adherents,  whom  the 
tools  of  his  ministers  did  not  fail  to  call  traitors  and  rebels,  with 
as  good  a  grace  and  as  much  benevolence,  as  Massachusettensis 
discovers. 

Let  me  stop  here  and  enquire,  whether  lord  North  has  more 
wisdom  than  Henry  7th.  or  whether  he  took  the  hint  from  the 
history  of  Poyning,  of  sending  Gen.  Gage,  with  his  civil  and 
military  powers  ?  If  he  did,  he  certainjy  did  not  imitate  Henry,  in 
Jiis  blustering  menances,  against  certain  "  ringleaders  and  fore- 
tunners." 

While  Poyning  resided  in  Ireland,  he  called  a  parliament,  which 
is  famous  in  history  for  the  acts  which  it  passed,  in  favour  of  Eng- 
land, and  Englishmen  settled  in  Ireland.  By  these,  which  are 
atiil  called  Poynirg's  laws,  all  the  former  laws  of  England  were 
made  to  be  of  force  in  Ireland,  and  no  bill  can  be  introduced  into 


1 


M. 


1^3 


the  Iriah  parliament,  unless  it  previously  receive  the  sanction  of 
the  English  privy  council ;  and  by  a  construction,  if  not  by  the 
express  words  of  these  laws,  Ireland  is  still  said  to  be  bound  by 
English  statutes,  in  which  it  is  specially  named.  Here  then  let 
Massachusettensis  pause,  and  observe  the  driginal  of  the  notion 
that  countries  might  be  bound  by  acts  of  parliament,  if  "  specially 
named,"  though  without  the  realm.  Let  him  observe,  too,  that 
this  notion  is  grounded  entirely  on  the  voluntary  act,  the  free 
consent  of  the  Irish  nation,  and  an  act  of  an  Irish  parliament, 
called  Poyning's  law.  Lot  me  ask  him,  has  any  colony  in  Amer- 
ica ever  made  a  Poyning's  act  ?  Have  they  ever  consented  to  be 
bound  by  acts  of  parliament,  if  specially  named  ?  Have  they 
ever  acquiesced  in,  or  implicitly  consented  to  any  acts  of  parlia- 
ment, but  such  as  are  bona  fide  made  for  the  regulation  of  trade  ? 
This  idea  of  binding  countries  without  the  realm,  "  by  specially 
naming"  them,  is  not  an  idea  taken  from  the  common  law.  There 
was  no  such  principle,  rule,  or  maxim,  in  that  law ;  it  must  be 
by  statute  law,  then,  or  none.  In  the  case  of  Wales  and  Ireland, 
it  was  introduced  by  solemn  compact,  and  established  by  statutes, 
to  which  th6  Welch  and  Irish  were  parties,  and  expressly  con- 
sented. But  in  the  case  of  America  there  is  no  such  statute^ 
and  theriefore  Americans  are  bound  by  statutes,  in  which  they  ar€S 
•'  named,"  no  more  than  by  those  in  which  they  are  not. 

The  principle  upon  which  Ireland  is  bound  by  English  statutes, 
in  which  it  is  named,  is  this,  that  being  a  conquered  country,  and 
subject  to  the  mere  \vill  of  the  king,  it  voluntarily  consented  to  be 
so  bound.  This  appears  in  part  already,  and  more  fully  in  1 . 
Blackstone  99,  100,  &c.  who  tells  us,  "  that  Ireland  is  a  distinct, 
though  a  dependant,  subordinate  kingdom."  But  how  came  it 
dependant  and  subordinate  ?  He  tells  us  "that  king  John,  in  the 
twelfth  year  of  his  reign,  after  the  conquest,  went  into  Ireland, 
Carried  over  with  him  many  able  sages  of  the  law ;  and  there, 
by  his  letters  patent,  in  right  of  the  dominion  of  conquest,  is 
said  to  have  ordained  and  established,  that  Irelartd  should  be  gov- 
erned by  the  laws  of  England  ;  which  letters  patent  Sir  E'i^vard 
Coke  apprehends  to  have  been  there  contirmed  in  parlJament." 
"  By  the  sam6  rule  that  no  Ia»vs  made  in  England,  between  king 
John's  time  and  Poyning's  law,  were  then  binding  in  Ireland,  it 
follows  that  no  acts  of  the  English  parliament,  made  since  the 
tenth  of  Henry  7th.  do  now  bind  the  people  of  Ireland,  unless 
specially  named,  or  included  under  general  words.  And  on  the 
other  hand,  it  is  equally  clear,  that  where  Ireland  is  particularly 
named,  or  is  included  under  general  words,  they  are  bound  by 
such  acts  of  parliament ;  for  it  follows,  from  the  very  nature  ana 
constitution  of  a  dependent  state  ;  dependance  being  very  little 
else,  but  an  obligation  to  conform  to  the  will  or  law  of  that  su- 
perior person,  or  state,  upon  which  the  inferior  depends.  The 
original  and  true  ground  of  this  superiority,  in  the  piesent  cuse, 
is  what  \ve  asuallv  call,  though  somewhat  improperly,  "  th«  rigM 


i 


m 


I 


4 


^ 


4 


U 


['iA 


m^ 


'■;•« 


.  (Xl 


'(I 


•i\ 


1  iri> 


1'  'i' 


ii 


I*  \ 


i   M 


ilHS  ill! 

''■■    fi; 


I'; 


124 


of  conquest ;"  a  right  allowed  by  the  law  of  nations,  if  not  by 
that  of  nature ;  but  which  in  reason  and  civil  policy  can  mean 
nothing  more,  than  that,  in  order  to  put  an  end  to  hostilities,  '^  a 
compact  is  either  expressly  or  tacitly  made  between  the  con- 
queror and  conquered,  that  if  they  will  acknowledge  the  victor 
for  their  master,  he  will  treat  them  for  the  future  as  subjects  and 
not  as  enemies." 

These  are  the  principles  upon  which  the  dependance  and  sub- 
ordination of  Ireland  are  founded.  Whether  they  are  just  or 
not,  is  not  necessary  for  us  to  enquire.  The  Irish  nation  have 
never  been  entirely  convinced  of  their  justice  ;  have  been  ever 
discontented  with  them ;  and  ripe  and  ready  to  dispute  them. 
Their  reasonings  have  ever  been  answered,  by  the  ratio  ultima 
and  penultima  ef  the  tories,  and  it  requires  to  this  hour  no  less 
than  a  standing  army  of  12,000  men  to  confute  them;  as  little 
as  the  British  parliament  exercises  the  right,  which  it  claims  of 
binding  them  by  statutes,  and  although  it  never  once  attempted 
or  presumed  to  tax  them,  and  although  they  are  so  greatly  infe- 
rior to  Britain  in  power,  and  so  near  in  situation. 

But  thus  much  is  certain,  that  none  of  these  principles  take 
place,  in  the  case  of  America.  She  never  was  conquered  by 
Britain.  She  never  consented  to  be  a  state  dependant  upon,  or 
subordinate  to  the  British  parliament,  excepting  only  in  the  reg* 
ulation  of  her  commerce ;  and  therefore  the  reasonings  of  Brit* 
ish  writers,  upon  the  case  of  Ireland,  are  not  applicable  to  the 
case  of  the  colonies,  any  more  than  those  upon  the  case  of  Wales. 

Thus  have  I  rambled  after  Massachusettensis  through  Wales 
and  Ireland,  but  have  not  reached  my  journey's  end.  I  have  yet 
to  travel  through  Jersey,  Guernsey,  and  I  know  not  where.  At 
present  I  shall  conclude  with  one  observation.  In  the  history 
of  Ireland  and  Wales,  though  undoubtedly  conquered  countries, 
and  under  the  very  eye  and  arm  of  England,  the  extreme  diffi- 
culty, the  utter  impracticability  of  governing  a  people,  who  have 
any  sense,  spirit,  or  love  of  liberty,  without  incorporating  them 
into  the  state,  or  allowing  them  in  some  other  way,  equal  privile- 
ges may  be  clearly  seen.  Wales  was  forever  revolting  for  a  thous- 
and years,  until  it  obtained  that  mighty  blessing.  Ireland  has 
been  frequently  revolting,  although  the  most  essential  power  of 
a  supreme  legislature,  that  of  imposing  taxes,  has  never  been  ex- 
ercised over  them,  and  it  cannot  now  be  kept  under,  but  by  force  ; 
and  it  would  revolt  forever,  if  parliament  should  tax  them. 
"What  kind  of  an  opinion,  thtn,  must  the  ministry  entertain  of 
America  ?  When  her  distance  is  so  great,  her  territory  so  exten> 
live,  her  commerce  so  important,  not  a  conquered  country,  but 
dearly  purchased  and  defended  ?  When  her  trade  is  so  essential 
to  the  navy,  the  commerce,  the  revenue,  the  very  existence  of 
Great  Britain,  as  an  independent  state  ?  They  must  think  Amer- 
ica inhaited  by  three  millions  of  fools  and  cowards. 

NOVANCLUS 


125 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  MassaQhusefts  Baij, 

April   10,  1775. 

MY   FRIENDS, 

THE  cases  of  Wales  and    Ireland    are   not  yet   exhausted 
They  afford  such  irrefragable  proofs,  that  there  is  a  distinctiou 
between  the  crown  and  realm,  and  that  a  country  may  be  annex 
ed  and  subject  to  the  former,  and  not  the  latter,  that  they  ought 
to  be  thorougly  studied  and  understood. 

The  more  these  cases,  as  well  as  those  of  Chester,  Durham, 
Jersey,  Guernsey,  Calais,  Gascoine,  Guienne,  &c.  are  examined, 
the  more  clearly  it  will  appear,  that  there  is  no  precedent  in 
English  records ;  no  rule  of  common  law ;  no  provision  in  the 
English  constitution ;  no  policy  in  the  English  or  British  govern' 
ment ;  for  the  case  of  the  colonies  ;  and  therefore  that  we  derive, 
our  laws  and  government  solely  from  our  own  compacts  with 
Britain  and  her  kings,  and  from  the  great  legislature  of  the  uni- 
verse. 

We  ought  to  be  cautious  of  the  inaccuracies  of  the  greatest 
men,  for  these  are  apt  to  lead  us  astray.     Lord  Coke,  in  7  Rep. 
21,  6,  says,  '^  Wales  was  sometimes  a  kingdom,  as  it  appeareth 
by  19  Henry  6th.  fol.  6,  and  by  the  act  of  parliament  of  2  Henry 
0th.  cap.  6,  but  while  it  was  a  kingdom,  the  same  was  holden, 
and  within  the  fee  of  the  king  of  England  :  and  this  appeareth  by 
our  books,  Fleta,  lib.  1.  Edward  3d.  14,  8.  Ed.  3d.  59,  13,  Edward 
3d.  Tit.  Jurisdict.  10.  Henry  4,  6.  Plow.  com.  363.     And  in  this 
respect,  in  divers  ancient  charters,  kings  of  old  time  styled  them- 
selves in  several  manners,  as  king  Edgar,  Britanniae  Basileus^ 
Etheldrus,    Totius    Albionis  Dei  providentia    Imperator,  Edre- 
dus,  magnae  Britanniae   Monarcha,  which,  among  many  others 
of  like  nature  1  have  seen.  But  by  the  statute  of  1  i  of  Edward  IsJ. 
Wales  was  united  and  incorporated  into  England,  and  made  par 
eel  of  England  in  possession ;  and  therefore  it  is  ruled  in  7  Hen- 
ry 4th.  fol.  14.     That  no  protection  doth  lie,  quia  moratur  in 
nallia,  because  Wales  is  within    the  realm  of  England.     And 
where  it  is  recited  in  the  act  of  27  Henry  8th.  that   Wales  n'ns 
ever  parcel  •/"  the  realm  of  England^  it  is  true  in  this  sense,  viz  :  * 
that  before  12  Edward  1st.  it  was  parcel  in  tenure,  and  since  it  in 
parcel  of  the  body  of  the  realm.     And  whosoever  is  born  within 
the  fee  of  the  king  of  England,  though  it  be  in  another  kingdom, 
is  a  natural  born  subject,  and  capable  and  inheritable  of  lands  in 
England,   as  it  appeareth  in   Plow.  com.    126.     And  thereforf 
those  that  were  born  in  Wales  before  12  Edward  1st.  while  it 
was  only  holden  of  England,  were  capable  and  inheritable   of 
lands  in  England.^^ 


}.■;! 


,   1  i 


1*1 


m 


mt 


I 


f       ■:':.!' 


126 

Where  my  lord  Coke  or  any  other  sapfe,  shews  us  the  ground 
on  which  his  opinion  stands,  we  can  judge  for  ouMclves,  wheth' 
«r  the  ground  is  good,  and  his  opinion  just.     And  if  we  exam- 
ine by  this  nile,  we  shall  find  (n  the  foregoing  words,  several 
palpable  inaccuracies  of  expression  ;   1,  by  the  12  E.  1.  (which  is 
the  Statutum  JValli(n  quoted  by  me  before)   it   is   certain    "  that 
Wales  was  not  united  and  incoporated  into  England,  and  made 
parcel  of  England."     It  was  annexed  and  united  to  the  crown  of 
I'.ngland  oidy.     It  was  done  by  the  king^s  sole  and  absolute   au- 
thority ;  not  by  an  act  of  parliament,  but  by   a  mere  constitutio 
hnperatorin,  and  neither  E.  1 .  nor  any  of  his  successors,  ever 
would  relinquish  the  right  of  ruling  it,  by  mere  will  and  discre- 
tion until  the  reign  of  James  I. — 2.  It  is  not  recited  in  the  27  H. 
»,  that  Wales  was  ever  parcel  of  the  realm  of  England.     The 
tvords  of  that  stahite  are,   "  incorporated,   annexed,  united  and 
subject  to  and  under  the  imperial  crown  of  this  realm,"  is  a  de- 
cisive proof  that  a  country  may  be  annexed  to  the  one,  without 
being  united  with  the  other.     And  this   appears  fully  in   lord 
Coke  himself,  7  rep.  22,  b.     "  Ireland  originally   came    to    the 
kings  of  England  by  conquest,  but  who   was  the  lirst  conquerer 
thereof  hatli  been  a  question.     I  have  seen  a  charter  made  by 
king  Edgar,  in  these  words^  Ago  Edgarus  Anglorum  Basileus,  om- 
nium quve  inmlarum  oceanic  (pus  Britanniam  circumjacent,  imperator 
rt  dominvs,  gruiias  ago  ipsi  Deo  omnipotenti  regi  meo,  qui  meum  im- 
perinm  sic  ampliavit  et  exaltavit  super  regnum  patrum  meorum^  &c. 
Alihi  concessit  propitia  divinitas,  cum  anglorum  imperis  omnia  reg' 
na  insularum  oceani,    &c.    Cum  suis  ferocibus  regibus  usque  JVor- 
regiam,  maximamque  partem  Hiberniie,  cum  sua  nobilissima  civitate  de 
Dnblina,    Anglorum  regno   subjugare,    quapropter   et    ego    Christi 
'■[loriam  et  Umdem  in  regno  mco  exaltare,  et  ejus  servitium  ampti- 
JHcitre  devotns  dispn^ni,  kc.  Yet  for  that  it  was  wholly  conquered 
in  the   reign    of  II.   2.  The  honour    of  the    conquest  of  Ire- 
land is  attributed  to  him.     That  Ireland  is  a   dominion  separate 
and  divided  from  Enghmd   it  is  evident  by  our  books,  20  H.  6, 
3.  Sir  John  Pilkington'scase,  32  H.6,  26.  20  Eliz.Dyer360.  Plow. 
com..3G0.and  2,r.3. 1 2.nibcrnia  habet parliamentum^etfaciunt  leges^et 
atatuta  nostra  non  ligant  eos  quia  non  mittunt  milites  ad  parliameu' 
r«m,  (which  is  to  be   understood  unless  they  be  specially  named) 
9cd  personcE  eoruin  sunt^  subjecti  regis,  sicut  inhabitantes  in  Calesia, 
Gasco7tia  et  Guigan.     Wherein  it  is  to  be  observed,  that  the   Irish- 
man (as  to  his  subjection)  is  compared  to  men  born  in  Calice, 
Gascoin  and  Guian.    Concerning  their  laws,  Ex  rottdis  petentium, 
de  anno  1 1.  Regis  8.  3,  there  is  a  charter  which  that  king  made 
beginning  in  these  words  :  Rex  Baronibus,  Militibus  et  omnibus  libe- 
re  tcnenibus  L.   salutem,  satis,   ut   credimus  vestra  audivit  discretion 
quod  quundo  bonce   memories  Johannes   quondam  rex  Anglia,  pater 
noster  venit  in  Hibemiam,   ipse  duxit  secum  viros  discretos  et  legis 
peritos,  quorum  commmii   consilio  et  adjunctorum  Hiberniansium, 
ttatuit  et  praccpit  leges  Aiiglicanas  in  Hibernia,  ita  quod  easdem  ir;-* 
scriptiiras  redaclus  reUquit  sub  sigillo  suo  ad  saccaritim  Dublin-     So 


127 


an  now  the  laws  of  England  became  the  proper  laws  ot  Ireland;  and 
tJierefore  because  they  have  parliaments  iioltlen  there,  whereat 
they  have  made  diverse  particuhir  laws,  concerning  that  <lominion, 
us  it  appeareth  in  2U  Hen.  (3th,  8th.  and  20  l^li/.  Dyer,  JUO,  and  I'ur 
that  they  retain  unto  this  day,  diverse  of  their  ancient  customs, 
the  book  in  20  Henry  6th.  8th.  holdeth  that  Ireland  is  governed 
by  laws  and  customs,  separate  and  diverse  from  the  laws  of  Cng« 
land.  A  voyage  royal  may  be  made  into  Ireland.  Vid.  11. 
Henry  4th.  7th.  and  1  Edward  'ith.  27.  which  provoth  it  a  distinct 
dominion.  And  in  anno  33  Elizabeth,  it  \vas  resolved  by  all  the 
judges  of  England,  in  the  case  of  Orurke,  an  Irishman,  who  had 
committed  high  treason  in  Ireland,  that  ho,  by  the  statute  of  33. 
Henry  8th.  c.  23,  might  be  indicted,  arraii^ned,  and  tried  for  the. 
same  in  England,  according  to  the  purview  of  that  statute  ;  the 
words  of  which  statute  be,  that  all  treasons,  &c.  committed  by 
any  person  out  of  the  realm  of  Enifland,  slisill  be  from  henceforth 
enquired  of,  &c.  And  they  all  resolved,  (us  afterwards  they  did 
also  in  Sir  John  Ferret's  case)  that  Ireland  was  out  of  the  realm 
of  England,  and  that  treasons  committed  there  were  to  be  tried 
within  England,  by  that  statute.  In  the  statute  of  4  Henry  7th. 
c.  24  of  tines,  provision  is  made  for  them  that  be  out  of  this  land, 
and  it  is  holden  in  l*low.  com.  in  StowelPs  case  375,  that  ho  that 
is  in  Ireland  is  out  of  this  land,  and  cotise({uently  within  that  pro- 
viso. Might  not,  then,  tlie  like  plea  be  devised,  as  well  against 
any  person  born  in  Ireland,  as  (this  is  against  Calvin  a  Puatnatus) 
in  Scotland  ?  For  the  Irishman  is  born  extra  ligeantia  regis^  regni 
sui  Jlngliae,  &c.  which  be  verba  operativa  in  the  plea.  Hut  all 
men  know,  that  they  are  natural  born  subjects,  and  capable  of, 
and  inheritable  to  lands  in  England." 

I  have  been  at  the  pains  of  transcribing  this  long  passage  for 
the  sake  of  a  variety  of  important  observations  that  may  be  made 
upon  it.  1.  That  exuberance  of  proof  that  is  in  it,  both  that 
Ireland  is  annexed  to  the  crown,  and  that  it  is  not  annexed  to  the 
realm  of  England.  2.  That  the  reasoning  in  the  year  book, 
that  Ireland  has  a  parliament,  and  makes  laws,  and  our  statutes  do 
not  bind  them,  because  they  do  not  send  knights  to  parliament, 
is  universal,  and  concludes  against  these  statutes  binding,  in  which 
Ireland  is  specially  named,  as  much  as  a<^^iiiiist  these  in  which  it 
is  not,  and  therefore  lord  Coke's  parenthesis,  (which  is  to  be  un- 
derstood unless  they  be  specially  named)  is  wholly  arbitrary  and 
groundless,  unless  it  goes  upon  the  supposition,  that  the  king  iti 
absolute  in  Ireland,  it  being  a  conquered  country,  and  so  has  pow~ 
er  to  bind  it  at  his  pleasure,  by  an  act  of  parliament,  or  by  an 
edict :  or  unless  it  goes  upon  the  supposition  of  Blackstone,  that 
there  had  been  an  express  agreement  and  consent  of  the  Irish  na- 
tion to  be  bound  by  acts  of  the  English  parliament ;  and  in  either 
ca«e  it  is  not  applicable  even  by  analogy  to  America,  because  that 
is  not  a  conquered  country,  and  most  certainly  never  consented  to 
be  bound  by  all  acts  of  parliament,  in  which  it  should  be  named. 
3.  That  the  instance,  request  and  consent  of  the  Irish  is  stated, 


m 


li' . 


128 


MA  M  ground  upon  which  Uinff  John  and  his  discreet  laMr-sages, 
first  established  the  hivvs  of  England  in  Ireland.  4.  The  reso< 
lution  ot  the  judges  in  the  cases  of  Onirkc  and  Perrot,  is  express 
that  Ireland  was  without  the  realm  of  England,  and  the  late  res- 
olntions  of  both  houses  of  parliament,  and  the  late  opinion  of 
the  judges,  that  Americans  may  be  sent  to  <^.ngland  upon  the  same 
statute  to  be  tried  for  treason,  is  also  cxprcsii  that  America  is  out 
of  the  realm  of  England.  So  that  we  see  what  is  to  become  of 
us,  my  friends.  When  they  want  to  get  our  money  by  taxing 
us,  our  privileges  by  annihilating  our  charteri,  and  to  screen 
those  from  punishment  who  shall  murder  us  at  their  command, 
then  we  are  tuld  that  we  are  within  the  realm ;  but  when  they 
want  to  draw,  hang,  and  quarter  us,  for  honestly  defending  those 
liberties  which  God  and  compact  have  given  :;nd  secured  to  us, 
oh,  then,  we  arc  clearly  out  of  the  realm.  5.  In  StowelFs  case, 
it  is  resolved  that  Ireland  is  out  of  the  land,  that  is  the  land  of 
England.  The  consequence  in,  that  it  was  out  of  the  reach  and 
extent  of  the  law  of  the  land,  that  is  the  common  law.  America 
surely  is  still  further  removed  from  that  land ;  and  therefore  is 
without  the  jurisdiction  of  that  law  which  is  called  the  law  of 
the  land  in  England.  I  think  it  must  appear  by  this  time,  that 
America  is  not  parcel  of  the  realm,  state,  kingdom,  government, 
empire,  or  land  of  England,  or  Great  Britain,  in  any  sense,  whick 
can  make  it  subject  universally  to  the  supreme  legislature  of  that 
island. 

But  for  the  sake  of  curiosity,  and  for  the  purpose  of  shewing 
that  the  consent  even  of  a  conquered  people  ban  always  been 
carefully  conciliated,  I  beg  leave  to  look  over  lord  Coke's  4. 
Inst.  p.  12.  "After  king  Henry  2d."  says  he,  "  had  conquered 
Ireland,  he  fitted  and  transcribed  this  modus,  meaning  the  ancient 
(realise  called  moilus  tenendi  parliameutum,  which  was  rehearsed 
and  declared  before  the  conqueror  at  the  time  of  the  conquest, 
and  by  him  approved  for  England,  into  Ireland,  in  a  parchment 
roll,  for  the  holding  of  parliaments  thei  '>s  which  no  doubt  H.  2. 
did  by  advice  of  bis  judges,  &c. — This  Wioiiws,  &,c.  was  anno  6. 
H.  4.  in  the  custody  of  sir  Christopher  Preston,  which  roll  H.  4. 
in  the  same  year,  De  atsensu  Johannis  Tktlbot  Chevalier,  his  lieu- 
tenant there,  and  of  his  council  of  Ireland,  exempliiied,  &c. 

Here  we  see  the  original  of  a  parliament  in  Ireland,  which  is 
assigned  as  the  cause  or  reason  why  Ireland  is  a  distant  kingdom 
from  England :  and  in  the  same,  4.  inst.  349.  we  find  more  evi- 
dence that  all  this  was  done  at  the  instance  and  request  of  the 
people  ill  Jrelcind.  Lord  Coke  says,  "  H  2.  the  father  of  K. 
John,  did  ordain  and  command,  at  the  instance  of  the  Irish,  that 
^uch  laws  as  he  had  in  England,  should  be  of  force  and  observed 
in  Ireland.  Hereby  Ireland,  being  of  itself  a  distant  dominion, 
and  no  part  of  the  kingdom  of  England,  (as  it  directly  appeareth 
by  many  authorities  in  Calvin's  case)  was  to  have  parliaments 
hoklcn  there,  as  England,  &c."    See  the  record  as  quoted  by  lord 


us. 


leu- 

ch  is 
dom 
evi- 
the 
K. 
that 
rved 
nioD, 
reth 
lents 
lord 


129 


Coke  iu  the  luine  page,  which  shewn  that  even  thii  establishment 
of  Engiish  laws,  wafl  made  D*  communi  omnium  de  Hibernict  con* 
sensu. 

This  whole  chapier  is  well  worth  attending  to,  because  the 
records  quoted  in  it  shew  how  careful  the  ancients  were  to  obtain 
the  consent  of  the  governed  to  all  laws,  though  a  conquered  peo- 
ple, and  the  king  absolute.  Very  unlike  the  minister  of  our  a;ra, 
who  is  for  pulling  down  and  building  up  the  most  sacred  establish- 
ments of  UvfB  and  government,  without  the  least  regard  to  the 
consent  or  good  will  of  Americans.  There  is  one  observation 
more  of  lord  Coke  that  deserves  particular  notice.  "  Sometimes 
the  king  of  England  called  his  nobles  of  Ireland  to  come  to  his  par- 
liament of  England,  &c.  and  by  special  words  the  parliiimcnt  of 
England  may  bind  the  subjects  of  Ireland,"  and  cites  the  record  8. 
E.  2.  and  subjoins  "  an  excellent  precedent  to  be  followed,  when- 
soever any  act  of  parliament  shall  be  made  in  England,  concern- 
ing the  state  of  Ireland,  &c."  By  this  lord  Coke  seems  to  inti- 
mate ail  opinion,  that  representatives  had  been  and  ousjfht  to  be 
called  from  Ireland  to  the  parliament  of  England,  whenever  it 
undertook  to  govern  it  by  statutes,  in  which  it  should  be  specially 
named. 

After  all,  I  believe  there  is  no  evidence  of  any  express  contract 
of  the  Irish  nation  to  be  governed  by  the  English  parliament,  and 
very  little  of  an  implied  one  ;  that  the  notion  of  binding  it  by  acts 
in  which  it  is  expressly  named  is  merely  arbitrary.  And  that  this 
nation  which  has  cvsr  had  many  and  great  virtues,  has  been  most 
grievously  oppressed  :  and  it  is  to  this  day  so  greatly  injured  and 
oppressed,  that  1  wonder  American  committees  of  correspondence 
and  congresses,  have  not  attended  more  to  it  than  they  have. 
Perhaps  in  some  future  time  they  may.  But  1  am  running  beyond 
my  line. 

We  must. now  turn  to  Burrows's  reports,  vol.  2.  834.  Rex.  vs. 
Cowle.  Lord  Mansfield  has  many  observations  upon  the  case  of 
Wales,  which  ought  not  to  be  overlooked.  Page  850,  He  -says, 
*' Edward  1st.  conceived  the  great  design  of  annexing  all  other 
parts  of  the  island  of  Great  Britain  to  the  realm  of  England.  The 
better  to  effectuate  his  idea,  as  time  should  offer  occasion ;  he 
mentioned,  "  that  all  parts  thereof,  not  in  his  own  hands  or  pos- 
session, were  holden  of  his  crown."  The  consequence  of  this 
doctrine  was,  that,  by  the  feudal  law,  supreme  jurisdiction  result- 
ed to  him,  in  right  of  his  crown,  as  sovereign  lord,  in  many  cases, 
which  he  might  lay  hold  of;  and  when  the  said  territories  should 
«ome  into  his  hands  and  possession,  they  would  come  back  as  par- 
cel of  the  realm  of  England,  from  which  ^by  fiction  of  law  at 
least)  they  had  been  originally  severed.  This  doctrine  was  liter- 
ally true  as  to  the  counties  palatine  of  Chester  ond  Durham.  But 
(no  matter  upon  what  foundation)  he  maintained  that  the  princi- 
pality of  Wales  was  holden  of  the  imperial  crown  of  England  :  he 
treated  the  prince  of  Walei  as  a  rebellious  va&aal ;  subdued  him  ; 

17 


I 


'V' 


I 


130 


(l  r 


and  took  possession  of  the  principality.     Whereupon,  on  the  4th 
of  December,  in  the  9th  year  of  his  reign,  he  issued  a  commission 
to  enquire  "/jer  quas  leges  et  per  quas  consitetudines,  antecessores  no9' 
tri  reges  reglii  consueverant  principmn  Walliai  et  barones  Wallenses 
Walli(£  et  pares  suos  tt  alios  in  priores  et  eorum  pares^  ^c."     If  the 
principality  was  feudatory,  the  conclusion  necessarily  followed, 
that  it  was  under  the  government  of  the  king's  laws,  and  the 
king's  courts,  in  cases  proper  for  them  to  interpose  ;  though  (like 
counties  palatine)  they  had  peculiar  laws  and  customs,  jura  rega- 
lia, and  complete  jurisdiction  at  home."     There  was  a  writ  at  the 
same  time  issued  to  all  his  officers  in  Wales,  to  give  information 
to  the  commissioners :  and  there  were  14  interrogatories  speci- 
fying the  points  to  be  enquired  into.     The  statute  of  Rutland  12. 
E.  1,  refers  to  this  inquiry.      By  that  statute  he  does  not  annex 
AVales  to  England,  but  recites  it  as  a  consequence  of  its  coming 
into  hip  hands.     Divina  providenti a  terrain  Wallice,  prius.  nobis  jure 
fendali  mbjectam,  jam  in  propeietaiis  nostree  dominium  convertit,  et 
corotKt  regni  Anglia,  tanquam  partem  corporis  ejusdem  annexuit,  et 
7/mM^"      The  27.   H.  8.  c.  26.  adheres  to  the  same  plan,  and 
recites  "  that  Wales  ever  hath  been  incorporated,  annexed,  united 
and  subject  to,  and  under  the  imperial  crown  of  this  realm,  as  a 
very  member,  and  joint  of  the  same."      Edward  1 .  having  suc- 
ceeded as  to  Wales,  maintained  likewise  that  Scotland  was  holden 
of  the  crown  of  England.     This  opinion  of  the  court  was  deliver- 
ed by  lord  Mansfield  in  the  year  1759.     In   conformity  to  the 
system  contained  in  these  words,  my  lord  Mansfield,  and  my  lord 
North,  together  with  their  little  friends  Bernard  and  Hutchinson^ 
have  "  conceived  the  great  design  of  annexing"  all  North  Ameri- 
ca "  to  the  realm  of  England,"  and  "  the  hotter  to  effectuate  this 
idea,  they  all  maintain,   that  North  America   is  holden  of  the 
crown." 

And,  no  matter  upon  what  foundation,  they  all  maintained  that 
America  is  dependent  on  the  imperial  crown  and  parliament  of 
Great  Britain  :  and  they  are  all  very  eagerly  desirous  of  treating 
the  Americans  as  rebellious  vassals,  to  subdue  them  and  take  pos- 
session of  their  country.  And  when  they  do,  no  doubt  America 
will  come  back  as  parcel  of  the  realm  of  England,  from  which, 
by  fiction  of  law  at  least,  or  by  virtual  representation,  or  by  some 
other  dream  of  a  shadow  of  a  shade,  they  had  been  originally 
severed. 

But  these  noblemen  and  ignoblemen  ought  to  have  considered, 
that  Americans  understand  the  laws  and  the  politicks  as  well  as 
themselyes,  and  that  there  are  600,000  men  in  it,  between  16  and 
60  years  of  age  ;  and  therefore  it  will  be  very  difficult  to  chicanq 
them  out  of  their  liberties  by  "  fictions  of  law,"  and  "  no  matter 
upon  what  foundation." 

Mcthinks  I  hear  his  lordship  upon  this  occasion,  in  a  soliloquy 
somewhat  like  this.  "  We  are  now  in  the  midst  of  a  war,  which 
has  been  conducted  with  unexampled  success  and  glory.     We 


T 


^ 


131 


Inure  conquered  a  great  part,  and  shall  soon  complete  the  conquest 
of  the  French  power  in  America.      His  majesty  is  near  70  years 
of  age,   and  must  soon   yield  to  nature.      The  amiable,  virtuous 
and  promising  successor,  educated  under  the  care  of  my  nearest 
friends,  will  be  influenced  by  our  advice.     We  must  bring  the  war 
to  a  conclusion,  for  we  have  not  the  martial  spirit  and  abilities  of 
the  great  commoner  :  but  we  shall  be  obliged  to  leave  upon  the 
nation  an  immense  debt       How  shall  we  manage  that?    Why,  I 
have  seen  letters  from  America,  proposing  that  parliament  should 
bring  America  to  a  closer  dependence  upon  it,  and  representing 
that  if  it  does  not,  she  will  fall  a  prey  to  some  foreign  power,  or 
set  up  for  herself.    These    hints  may  be  improved,  and  a  vast 
revenue  drawn  from  that  country  and  the  East  Indies,  or  at  least 
the  people  here  may  be  flattered  and  quieted  with  the  hopes  of 
it.     It  is  the  duty  of  a  judge  to  declare  law,  but  under  this  pre  - 
tence,  many  we  know  have  given  law  or  made  law,  and  none  in 
all  the  records  of  Westminster  hall  more  than  of  late.     Enough 
has  been  already  made,  if  it  is  wisely  improved  by  others,  to  over- 
turn this  constitution.     Upon  this  occasion  I  will  accommodate  my 
expressions,  to  such  a  design  upon  America  aid  Asia,  and  will  so 
accommodate  both  law  and  fact,  that  they  may  hereafter  be  im- 
proved to  admirable  effect  in  promoting  our  design."     This  is  all 
romance,  no  doubt,  but  it  has  as  good  a  moral  as  most  romances. 
For  1st.  It  is  an  utter  mistake  that  Ed.  1st.  conceived  the  great 
design  of  annexing  all  to  England,  as  one  state,  under  one  legisla^ 
ture.     He  conceived  the  design  of  annexing  Wales,  &c.  to  his 
crown.     He  did  not  pretend  that  it  was  before  subject  to  the 
crown,  but  to  him.     "  Nobis  jure  feodaW   are  his  words.     And 
when  he  annexes  it  to  bis  crown,  he  does  it  by  an  edict  of  his  own, 
not  an  act  of  parliament :  and  he  never  did  in  his  whole  life  allow, 
that  his  parliament,  that  is  his  lords  and  commons,   had  any  au- 
thority over  it,  or  that  he  was  obliged  to  take  or  ask  their  advice, 
in  any  one  instance,  concerning  the  management  of  it,  nor  did  any 
of  his  successors  for  centuries.      It  w<is  not  Ed.  1.  but  Henry  7. 
who  first  conceived  the  great  design  of  annexing  it  to  the  realm, 
and  by  him  and  H.  8.  it  was  done,  in  part)  but  never  completedy 
until  Jac.  1.     There  is  a  sense  indeed,  in  which  annexing  a  terri- 
tory to  the  crown,  is  annexing  it  to  the  realm,  as  putting  a  crown 
upon  a  man^s  head,  is  putting  it  on  the  man,  but  it  does  not  make 
it  a  part  of  the  man.      2d.  His  lordship  mentions  the  statute  of 
Rutland ;  but  this  was  not  an  act  of  parliament,  and  therefore 
could  not  annex  Wales  to  the  realm,  if  the  king  had  intended  it^ 
for  it  never  was  in  the  power  of  the  king  alone  to  annex  a  coun- 
try to  the  realm.     This  cannot  be  done,  but  by  act  of  parliament. 
As  to  Edward's  treating  the  prince  of  Wales  as  a  "  rebellious  vas- 
sal," this  was  arbitrary,   and  is  spoken  cf  by  all  historians  as  an 
infamous  piece  of  tyranny. 

Ed.  1.  and  H.  8.  both  considered  Wales,  as  the  property  and 
revemue  of  the  crown,  not  as  a  part  of  the  realm,  and  the  expret- 


••■^■.^ 


15 

Si  i 


'Mm 


m 


|!    ; 


I  J"' 


\M 


i 


,1'' 


I'.' 


j'' 


1^    11^ 


!!;!». 


:•  !;i' 


^fc' 


•i'li, 

■■!' 

H,li 

4|l! 

•■'i 
•1' 

132 


sions,  ^'  coronce  r«gni  Angliat^  tanquam  partem  corpor'm  tjmdem^^  sig 
nified  "  as  part  of  the  same  body,"  that  ia  of  the  same  "  crown," 
not  "  realm"  or  "  kingdom";  and  the  expressions  in  27  H.  8.  un- 
der the  imperial  crown  of  this  realm,  as  a  very  member  "  and 
joint  of  the  same,"  mean,  as  a  member  and  joint  of  the  "  imperial 
crown,"  not  of  the  realm.  For  the  whole  history  of  the  princi- 
pality, the  acts  of  kings,  parliaments,  and  people  shew,  that  Wales 
never  was  intituled  h^  this  annexation  to  the  laws  of  England,  nor 
bound  to  obey  them.  The  case  of  Ireland  is  enough  to  prove 
that  the  crown  and  realm  are  not  the  same.  For  Ireland  is  cer- 
tainly annexed  to  the  crown  of  England,  and  it  certainly  is  not 
annexed  to  the  realm. 

There  is  one  paragraph  in  the  foregoing  words  of  lord  Mans- 
field, which  was  quoted  by  his  admirer  governor  Hutchinson  in 
his  dispute  with  the  house,  with  a  profound  compliment.  ^^  He 
did  not  know  a  greater  authority,"  &c.  But  let  the  authority  be 
as  great  as  it  will,  the  doctrine  will  not  bear  the  test. 

"  If  the  principality  was  feudatory,  the  conclusion  necessarily 
follows,  that  it  was  under  the  government  of  the  king^s  laws.'^ 
Ireland  is  feudatory  to  the  crown  of  England,  but  would  not  be 
subject  to  the  king's  English  laws,  without  its  consent  and  compact. 
An  estate  mny  be  feudatory  to  a  lord,  a  country  may  be  feudatory 
to  a  sovereign  lord,  upon  all  possible  variety  of  conditions  ;  it  may 
be  only  to  render  homage  ;  it  may  be  to  render  a  rent ;  it  may  be 
to  pay  a  tribute  ;  if  his  lordship  by  feudatory  means,  the  original 
notion  of  feuds,  it  is  true  that  the  king  the  genenil  imperator, 
was  absolute,  and  the  tenant  held  his  estate  only  at  will,  and  the 
subject  not  only  his  estate  but  his  person  and  life  at  his  will.  But 
this  notion  of  leuds  had  been  relaxed  in  an  infinite  variety  of  de- 
grees, in  some  the  estate  is  held  at  will,  in  others  for  life,  in  oth- 
ers for  years,  in  others  forever,  to  heirs,&,c.  in  some  to  be  govern- 
ed by  the  prince  alone,  in  some  by  princes  and  nobles,  and  in  some 
by  prince,  nobles  and  commons,  &c.  So  that  being  feudatory,  by 
no  means  proves  that  English  lords  and  commons  have  any  share 
in  the  government  over  us.  As  to  counties  palatine ;  these  were 
not  only  holdeu  of  the  king  and  crown,  but  were  exerted  by  ex- 
press acts  of  parliament,  and  therefore  were  never  exempted 
from  the, authority  of  parliament.  The  same  parliament,  which 
erected  the  county  palatine,  and  gave  it  its  jum  rcga/m,  and  corn- 
pleat  jurisdiction,  might  unmake  it,  and  take  away  those  regalia 
and  jurisdiction.  But  American  governments  and  constitutions 
>vere  never  erected  by  parliament,  their  regalia  and  jurisdiction 
were  not  given  by  parliament,  and  therefore  parliament  have  no 
authority  to  take  them  away. 

But  if  the  colonies  are  feudatory  to  the  kings  of  England,  and 
subject  to  the  government  of  the  king's  laws,  it  is  only  to  such 
laws  as  are  made  in  their  general  assemblies,  their  provincial  leg- 
islatures. 

NOVANGLUS. 


133 


no 


ADDRESSED 

To  the  Inhabitants  of  the  Colony  of  Massachusetts  Bav, 

April  17,  1775. 


MY  FRIENDS, 


WE  now  come  to  Jersey  and  Guernsey,  which  Massachusetten- 
sis  says,  "  are  no  part  of  the  realm  of  England,  nor  are  they 
represented  in  parliament,  but  are  subject  to  its  authority."  A 
little  knowledge  of  this  subject  will  do  us  no  harm  j  and  as  soon 
as  we  shall  acquire  it,  we  shall  be  satisfied  how  these  islands 
came  to  be  subject  to  the  authority  of  parliament.  It  is  either 
upon  the  principle  that  the  king  is  absolute  there,  and  has  a  right 
to  make  laws  for  them  by  his  mere  will ;  and  therefore  may  ex- 
press his  will  by  an  act  of  parliament,  or  an  edict  at  bis  pleasure  : 
or  it  is  an  usurpation.  If  it  is  an  usurpation,  it  ought  not  to  be  a 
precedent  for  the  colonies,  but  it  ought  to  be  reformed,  and  they 
ought  to  be  incorporated  into  the  realm,  by  act  of  parliament,  and 


Ours  ;s 


their  own  act.     Their  situation  is  no  objection  to  this. 

an  insurmountable  obstacle.  ,      ^       ,     . 

Thus  we  see  that  in  every  mstance  which  can  be  found,  the 
observation  proves  to  be  true,  that  by  the  common  law,  the  Iaw« 
of  England,  and  the  authority  of  parliament,  and  the  limits  of  the 
realm  were  confined  within  seas.  That  the  kings,  of  England 
had  frequently  foreign  dominions,  some  by  conquest,  some  by 
marriage,  and  some  by  descent.  But  in  all  those  cases  the  kings 
were  either  absolute  in  those  dominions,  or  bound  to  govern  thoni 
according  to  their  own  respective  laws,  and  by  their  own  legis- 
lative and  executive  councils.  That  the  laws  of  England  did  not 
extend  there,  and  the  English  parliament  pretended  no  jurisdic- 
tion there,  nor  claimed  any  right  to  controul  the  king  in  his 
government  of  those  dominions.  And  from  this  extensive  survey 
of  all  the  foregoing  cases,  there  results  a  confirmation  of  what 
has  been  so  often  said,  that  there  is  no  provision  in  the  common 
law  in  English  precedents,  in  the  English  government  or  consti- 
tutioh  inade  for  the  case  of  the  colonies.  It  is  not  a  conquered, 
but  a  discovered  country.  U  came  not  to  the  king  by  descent, 
but  was  explored  by  the  settlers.  It  came  not  by  marriage  to 
the  king,  but  was  purchased  by  the  settlers  cf  the  savages.  U 
was  not  granted  by  the  king  of  his  grace,  but  nas  dearly,  very 
dearly  earned  by  the  planters,  in  the  l.tbour,  blood,  and  treasure 
which  they  expended  to  subdue  it  to  cultivation.  It  stands  upon 
na^rounds,  then,  of  law  or  policy,  but  what  are  found  in  the  law 
of  nature,  and  their  express  contracts  in  their  charters,  and  theiv 
implied  contracts  in  the  commissions  to  governors  and  terms  m 
settlement. 


f-f^a 


I:  : 


tVi,.    i 


Mi. 


■'m 


■m 
m 


m 


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ill'' 


II  ,i 


I- 


134 


The  cases  of  Chester  and  Durham,  counties  palantine  within 
the  realm,  shall  conclude  this  fatiguing  ramble.  Chester  was  art 
earldom  and  a  county  ;  and  in  tlie  21st  year  of  king  Richard  2d. 
A.  D.  1397,  it  was,  by  an  act  of  parliament,  erected  into  a  prin- 
cij>ality,  and  several  castles  and  towns,  were  annexed  to  it,  saving 
to  the  king  the  rights  of  his  crown.  This  was  a  county  pala- 
tine, -ind  had  jura  regalia,  before  this  erection  of  it  into  a  princi- 
pality. But  the  statute  which  made  it  a  principality,  was  again 
repealed  by  1.  Henry  ♦th.  c.  3,  and  in  1399,  by  the  1.  Henry  4th. 
c.  18.  Grievous  complaints  were  made  to  the  king,  in  parliament, 
of  murders,  man-slaughters,  robberies,  batteries,  riots.  Sue.  done 
by  people  of  the  county  of  Chester,  in  divers  counties  of  England. 
For  remedy  of  which  it  is  enr»cted,  that  if  any  person  of  the 
county  of  Chester  commit  any  murder  or  felony  in  any  place  mt 
of  that  county,  process  shall  be  made  against  him  by  the  com- 
mon law,  till  the  exigent  in  the  county  where  such  murder  or  fel- 
ony was  done :  and  if  he  llee  into  the  county  of  Chester,  and  be 
outlawed,  and  put  in  exigent  for  such  murder  or  felony,  the  same 
outlawry  or  exigent,  shall  be  certified  to  the  officers  and  ministers 
of  the  same  county  of  Chester,  and  the  felon  shall  be  taken,  his 
lands  and  goods  within  that  county  shall  be  seized  as  forfeit  into 
the  hands  of  the  prince,  or  of  him  that  shall  be  lord  of  the  same 
county  of  Chester,  and  the  king  shall  have  the  year  and  day  and 
wnste  ;  and  the  other  lands  and  goods  of  such  felons,  out  of  said 
county,  shall  remain  wholly  to  tl  e  king,  &c.  as  forfeit.  And  a 
similar  provision  in  case  of  battery  or  trespass,  &c. 

Considering  the  great  seal  of  England,  and  the  process  of  the 
king's  contracts  did  not  run  into  Chester,  it  was  natural  that 
miilefactors  should  take  refuge  there,  and  escape  punishment,  and 
therefore  a  statute  like  this  was  of  indispensible  necessity,  and 
afterwards,  in  1535,  another  statute  was  made,  27.  Henry  c.  5th. 
foi  the  making  of  justices  of  peace,  within  Chester,  &c.  It  recites, 
"the  king, considering  the  manifold  robberies,  murders,  thefts,  tres- 
passes, riots,  routs,  embraceries,  maintenances,  oppressions,  rup- 
tures of  his  peace,  &c.  which  have  been  daily  done  within  his 
county  palatine  of  Chester,  &,c.  by  reason  that  common  justice 
hath  not  been  indifferently  ministered  there,  like  and  in  form  as  it 
is  in  other  places  of  this  his  realm,  by  reason  whereof  the  said 
criminals  have  remained  unpunished  ;  for  redress  whereof,  and  to 
the  intent  that  one  order  of  law  should  be  had,  the  king  is  em- 
powered to  constitute  justices  of  peace,  quorum,  and  goal  deliv- 
ery, in  Chester,  &.c." 

By  the  32.  Henry  8th.  c.  43,  another  act  was  made  concerning 
the  county  palatine  of  Chester,  for  shire  days. 

These  three  acts  soon  excited  discontent  in  Chester.  They 
had  enjoyed  an  exemption  from  the  king's  English  courts,  legis- 
lative and  exrcutive,  and  they  had  no  representatives  in  the  Eng- 
lish parliament,  and  therefore  they  thought  it  a  violation  of  their 
right*,  to  bo  subjected  even  to  those  three  statutes,  as  reasonable 


IM 


135 


and  absolutely  necessary  as  they  appear  to  have  been.  And  ac- 
cordingly we  find  in  l54i> — 34  and  35,  Henry  8th.  c.  13,  a  zenl- 
ous  petition  to  be  represented  in  parliament,  and  an  act  was 
made  for  making  of  knights  and  burgesses  within  the  county 
and  city  of  Chester.  It  recites  a  part  of  the  petition  to  the  king 
from  the  inhabitants  of  Chester,  stating, "  that  the  county  palatine, 
had  been  excluded  from  parliament,  to  have  any  knights  and  bur- 
gesses there  ;  by  reason  whereof,  the  said  inhabitants  have  hith- 
erto sustained  manifold  disherisons,  losses,  and  damages,  in  lands, 
goods,  and  bodies,  as  well  as  in  the  goods  civil  and  politic  govern- 
ance and  maintenance  of  the  commonwealth  of  their  said  county  . 
and  forasmuch  as  the  said  inhabitants  have  always  hitherto  been 
bound  by  the  acts  and  statutes,  made  by  your  highness  and  progeii- 
itors  in  said  court,  meaning,  when  expressly  named,  not  otherwise, 
as  far  forth  as  other  counHes,  cities,  and  boroughs,  which  have 
had  knights  and  burgesses,  and  yet  have  had  neither  knight,  nor 
burgess  there,  for  the  said  county  palatine ;  the  said  inhabitants!, 
for  lack  thereof,  have  been  oftentimes  touched  and  grieved  with 
acts  and  statutes,  made  withm  said  court,  as  well  derogatory  unto 
the  most  ancient  jurisdictions,  liberties,  and  privileges  of  your  said 
county  palatine,  as  prejudicial  unto  the  common  weal,  quietness, 
rest  and  peace  of  your  subjects,  &c.'*  E'or  remedy  whereof,  two 
knights  of  the  shire,  and  two  burgesses  for  the  city  are  established. 

I  have  before  recited  all  the  acts  of  parliament,  which  were 
ever  made  to  meddle  with  Chester,  except  the  51.  Henry  3d. 
Stat.  5,  in  1266,  which  only  provides  that  the  justices  of  Chester, 
and  other  bailiifs,  shall  be  answerable  in  the  exchequer,  for  wards, 
escheats,  and  other  bailiwicks ;  yet  Chester  was  never  severed 
from  the  crown  or  realm  of  England,  nor  ever  expressly  exempt- 
ed from  the  authority  of  parliament  ;  yet  as  they  had  generally 
enjoyed  an  exemption  from  the  exercise  of  the  authority  of  par- 
liament, we  see  how  soon  they  complain  of  it  as  grievou?  and 
claim  a  representation,  as  a  right ;  and  we  see  how  readily  it  was 
granted.  America,  on  the  contrary,  is  not  in  the  realm,  never 
was  subject  to  the  authority  of  parliament,  by  any  principle  of 
law,  is  so  far  from  Great  Britain,  that  she  never  can  be  represent- 
ed ;  yet  she  is  to  be  bound  in  all  cases  whatsoever. 

The  first  statute,  which  appears  in  which  Durham  is  named,  is 
27  Henry  Sth.  c  24,  §  21.  Cuthbert,  bishop  of  Durham,  and  his 
successors,  and  their  temporal  chancellor  of  the  jcounty  palatine 
of  Durham,  are  made  justices  of  the  peace.  The  next  is  31 
'Elizabeth,  c.  9,  recites,  that  Durham  is,  and  of  long  time  hath 
been,  an  ancient  county  palatine,  in  which  the  Queen's  writ  hath 
not,  and  yet  doth  not  run  ;  enacts  that  a. writ  of  proclamation 
upon  an  exigent  against  any  person  dwelling  in  the  bishoprick 
shall  run  there  for  the  future.  And  §  5  confirms  all  the  other 
liberties  of  the  bishop  and  his  officers. 

And  after  this,  we  find  no  other  mention  of  that  bishoprick  in 
any  statute  until  25  Char.  2.  c.  9.     Tl^is  statute  recites,  "  wh«re- 


i 


I 


w 


ih'' 


iif 


''A 
m 


ill 


136 


Q9  the  inhabitants  of  the  county  pnlntine  of  Durham,  have  not 

hitherto  h;icl  the  liberty  and  priviles^e  of  electing  and  sending  any 
knights  and  burgesses  to  the  high  court  of  parliament,  although 
the  inhabitants  of  thft  said  county  palatine  are  liable  to  all  pay- 
ments, rates,  and  subsidies,  granted  by  parliament,  equally  with 
the  inhabitants  of  other  counties,  citie*s,  dad  burroughs,  in  this 
kingdom,  who  have  their  knights  and  burgesses  in  the  parliament) 
and  are  therefore  concerned  equally  with  others,  the  inhabitants 
of  this  kingdom,  to  have  knights  and  bwgesses  in  the  said  high 
court  of  parliament  of  their  own  election,  to  represent  the  condi- 
tion of  their  county,  as  the  inhabitants  of  other  counties,  cities, 
and  burroughs,  of  this  kingdom  have."  it  enacts  two  knights  for 
the  county,  and  two  burgesses  for  the  city.  Here  it  should  be 
observed,  that  although  they  acknowledge  that  they  had  been  lia- 
ble to  all  rates,  &c.  granted  by  parliament,  yet  none  had  actually 
been  laid  upon  them  before  this  statute. 

Massachusetten«is  then  comes  to  the  first  charter  of  this  prov- 
ince, and  he  tells  us,  that  in  it  "  we  shall  find  irresistible  evidence, 
that  our  being  a  part  of  the  empire,  subject  to  the  supreme  author- 
ity of  the  state,  bound  by  its  laws,  and  subject  to  its  protection, 
was  the  very  terms  and  conditions  by  which  our  ancestors  held 
their  lands  and  settled  the  province."  This  is  roo.ndly  and  warm- 
ly said :  but  there  is  more  zeal  in  it  than  knowledge.  As  to 
our  being  part  of  the  empire,  it  could  not  be  the  British  empire, 
as  it  is  called,  because  that  was  not  then  in  being,  but  was  created 
seventy  or  eighty  years  afterwards.  It  must  be  the  English  em- 
pire then,  but  the  nation  was  not  then  polite  enough  to  have  in- 
troduced into  the  language  of  the  law,  or  common  parlance  any 
such  phrase  or  idea.  Rome  never  introduced  the  terms  Roman 
empire  until  the  tragedy  of  her  freedom  was  cumpleated.  Before 
that,  it  was  only  the  republic,  or  the  city.  In  the  same  manner 
the  realm  or  the  kingdom,  or  the  dominions  of  the  king,  were  the 
fashionable  style  in  the  age  of  the  first  charter.  As  to  being  sub- 
ject to  the  supreme  authority  of  the  state,  the  prince  who  grant- 
ed that  charter  thought  it  resided  in  himself,  without  any  such 
troublesome  tumults  as  lords  and  commons  ;  and  before  the  grant- 
ing that  charter,  hiid  dissolved  his  parliament,  and  determined 
never  to  call  another,  but  to  govern  without.  It  is  not  very  like- 
ly then,  that  he  intended  our  ancestors  should  be  governed  by 
parliament,  or  bound  by  its  laws.  As  to  being  subject  to  its  pro- 
tection, we  may  guess  what  ideas  king  and  parliament  had  of  that, 
by  the  protection  they  actually  afforded  to  our  ancestors.  Not 
one  farthing  was  ever  voted  or  given  by  the  king  or  his  parlia- 
ment, or  any  one  resolution  taken  about  them.  As  to  holding 
their  lands,  surely  they  did  not  hoM  their  lands  of  lords  and  com- 
mons. If  they  agreed  to  hold  their  lands  of  the  king,  this  did  not 
subject  them  to  English  lords  and  commons,  any  more  than  the 
inhabitants  of  Scotland  holding  their  lands  of  the  same  king,  sub- 
jected them.     But  there  is  not  a  word  about  the  empire,   the 


'      I    1!" 


\'b 


lull' 


137 


supreme  authority  bf  the  state,  heing^  hound  by  its  taws,  or  oblige<i 
for  its  protection  in  that  whole  charter.  But  "  our  charter  19  in 
the  royal  style."  What  then  ?  Is  that  the  parliamentary  style  ? 
The  style  is  this,  "  Charles,  by  the  grace  of  God,  king  of  Eng- 
land, Scotland,  Prance  and  Ireland,  defender  of  the  faith,  &c." — 
Now  in  which  capacity  did  he  grant  that  charter  ?  as  king  of 
France,  or  Ireland,  or  Scotland,  or  England  ?  He  governed  Eng- 
land by  one  parliam«nt,  Scotland  by  another.  Which  parliament 
were  we  to  be  governed  by  ?  And  Ireland  by  a  third ;  and  it  might 
as  well  be  reasoned  that  America  was  to  be  governed  by  the  Irish 
parliament,  as  by  the  English.  But  it  was  granted  ''  under  the 
great  seal  of  England" — true.  But  this  seal  runneth  not  out  of 
the  realm,  except  to  mandatory  writs ;  and  when  our  charter  was 
given,  it  was  never  intended  to  go  out  of  the  realm.  The  char- 
ter and  the  corporation  were  intended  to  abide  and  remain  with- 
in the  realm,  and  be  like  othet  corporations  there.  But  this 
affair  of  the  Seal  is  a  mere  piece  of  imposition. 

In  Moore's  reports  in  the  case  of  the  union  of  the  realm  of  Scot- 
land with  England,  it  is  resolved  by  the  judges  that  '^  the  seal  is 
alterable  by  the  king  at  his  pleasure,  and  he  might  make  one  seal 
for  both  kingdoms  (of  England  and  Scotland)  for  seals,  coin,  and 
leagues  are  of  absolute  prerogative  to  the  king,  without  parlia- 
ment, nor  restrained  to  any  assent  of  the  people  ;"  and  in  deter- 
mining how  far  the  great  seal  doth  command  out  of  England, 
they  made  thii  distinction.  "  That  the  great  seal  was  current  for 
remedials,  which  groweth  on  complaint  of  the  subject,  and  there- 
upon writs  are  addressed  under  the  great  seat  of  England,  which 
writs  are  limited,  their  precinct  to  be  within  the  places  of  the 
jurisdiction  of  the  court,  that  was  to  give  the  redress  of  the  wrong. 
And  therefore  writs  are  not  Co  go  into  Ireland,  or  the  isles,  nor 
Wales,  nor  the  counties  palatine,  because  the  king^s  Courts  here 
have  not  power  to  hold  pleas  of  lands  or  things  there.  But  the 
great  seal  hath  a  power  preceptOry  to  the  person,  which  power 
extendeth  to  any  place,  where  the  person  may  be  found,&c."  This 
authority  plainly  shews,  that  the  great  seal  of  England  has  no 
more  authority  out  of  the  realm,  except  to  mandatory  or  precep- 
tory  writs,  and  surely  the  first  charter  was  no  preceptory  writ, 
than  the  privy  seal,  or  the  great  seal  of  Scotland,  or  no  seal  at  all. 
In  truth,  the  seal  and  charter  were  intended  to  remain  within  the 
realm,  and  be  of  force  to  a  corporation  there  ;  but  the  moment 
it  was  transferred  to  New  England,  it  lost  all  its  legal  force,  by 
the  common  law  of  England ;  and  as  this  translation  of  it  was  ac- 
quiesced in  by  all  parties,  it  might  well  be  considered  as  good 
evidence  Of  a  contract  between  the  parties,  and  in  no  other  light ; 
but  not  a  whit  the  better  or  stronger  for  being  under  the  great 
seal  of  England.  But,  "the  grants  are  made  by  the  king  for  his. 
heirs  and  successors."  What  then  ?  So  the  Scots  held  their 
lands  of  him,  who  was  then  king  of  England,  his  heirs  and  succe«' 
sors,  and  wore  bound  to  allegiance  to  him,  his  heirs  and  suc«r%^ 

18 


m 


'■M 


fe 


■M  5 


I II' 


'  ■ '  '.'i 


138 


ion,  but  it  did  not  follow  from  thence  that  the  Scots  were  sub- 
ject to  the  English  pniliampnt.  So  the  inhnbitanta  of  Aquitain, 
for  ten  descents,  held  their  lands,  and  were  tied  by  allegiance  to 
him  who  was  king  of  England,  his  heirs  and  successors,  but  were 
under  no  subjection  to  English  lords  and  commons. 

Heirs  and  successors  of  the  king,  are  supposed  to  be  the  same 
persons,  and  are  used  as  i^ynonymous  words  in  the  English  law. 
There  is  no  positive  artificial  provision  made  by  our  laws,  or  th« 
British  constitution  for  revolutions.     All  our  positive  laws  suppose 
that  the  royal  office  will  descend  to  the  eldest  branch  of  the  male 
line,  or  in  default  of  that,  to  the  eldest  female,  &c.  forever,  and 
that  the  succession   will  not  be  broken.     It  is  true,  that  nature, 
necessity,  and  the  great  principles  of  self-preservation,  have  often 
over-ruled  the  succession.     But  this  was  done  without  any  posi- 
tive instruction  of  law.     Therefore,  the  grants  being  by  the 
king,  for  his  heirs  and  successors,   and  the  tenures  being  of  the 
king,  his  heirs  and  successors,  and  the  preservation  being  to  the 
king,  his  heirs,  and  successors,  are  so  far  from  proving  that  we 
were  to  be  part  of  an  empire,  as  one  state,  subject  to  the  supreme 
authority  of  the  English  or  British  state,  and  subject  to  its  protec- 
tion, that  they  do  not  so  much  as  prove  that  we  are  annexed  to 
the  English  crown.     And  all  the  subtility  of  the  writers  on  the 
side  of  the  ministry,  has  never  yet  proved,  that  America  is  so 
inu,ch  as  annexed  to  the  crown,  much  less  to  the  realm.     "  It  is 
1  apparent  the  king  acted  in  his  royal  capacity,  as  king  of  England." 
This  I  deny.     The  laws  of  England  gave  him  no  authority  to 
grant  any  territory  out  of  the  realm.     Besides^  there  is  no  colour 
for  his  thinking  that  he  acted  in  that  capacity,  but  his  using  the 
great  seal  of  England :  but  if  the  king  is  absolute  in  the  affair  of 
the  seal,  and  may  make  or  use  any  seal  that  he  pleases,  his  using 
that  seal  which  had  been  commonly  used  in  England,  is  no  cer- 
tain proof  that  he  acted  as  king  of  England  ;  for  it  is  plain,  he 
night  have  used  the  English  seal  in  the  government  of  Scotland, 
and  in  that  case  it  will  not  be  pretended  that  he  would  have  acted 
in  his  royal  capacity,  as  king  of  England.     But  his  acting  as  king 
of  England,  "  necessarily  supposes  the  territory  granted  to  be  a 
part  of  the  English  dominions,  and  holden  of  the  crown  of  Eng- 
land."    Here  is  the  word  "  dominions,"  systematically  introduced 
instead  of  the  word  "  realm."    There  was  no  English  dominions, 
•  but  the  realm.     And  I  say  that  America  was  not  any  part  of  the 
English  realm  oj;  dominions.     And   therefore,   when   the  king 
granted  it,  he  could  not  act  as  king  of  England,  by  the  laws  of 
England.     As  to  the  "  territory  being  holden  of  the  crown,  there 
is  no  such  thing  in  nature  or  art."     Lands  are  holden  according 
to  the  original  notices  of  feuds  of  the  natural  person  of  the  lord. 
Holding  lands,' in  feudal  language,  means  no  more  than  the  rela- 
tion between  lord  and  tenant      The    reciprocal  duties  of  thesfc 
are  all  personal.     Homage,  fealty,  &c.  a"d  all  other  services, 
are  personal  to  the  lord ;  protection,  &c.  is  personal  to  the  tenant. 


I  '" ' 


139 


And  therefore  no  homage,  fealty,  or  other  services,  can  ever  b* 
rendered  to  the  body  politi<f,  the  political  ciipacity,  which  is  not 
corporated,  but  only  a  frame  in  the  oiind,  an  idea.  No  lands 
here,  or  in  England,  are  held  of  the  crown,  meaning  by  it,  the 
political  capacity  ;  they  are  all  held  of  the  royal  person,'  the  nat- 
ural person  of  the  king.  Holding  lands,  &lc.  of  the  crown,  is  an 
impropriety  of  expression,  but  it  is  often  used,  and  when  it  is,  it 
can  have  no  other  sensible  meaning  than  this  :  that  we  hold 
lands  of  that  person,  whoever  he  is,  who  wears  the  crown ;  the 
law  supposes  he  will  be  a  right,  natural  heir  of  the  present  kin§^ 
forever. 

Massachusettensis  then  produces  a  quotation  from  the  first 
charter,  to  prove  several  points.  It  is  needless  to  repeat  the 
whole,  but  the  parts  chiefly  relied  on,  are  italicised.  It  makes 
the  cori;pany  a  body  politic  in  fact  and  name,  &c.  and  enables  it 
"  to  sue  and  be  sued-"  Then  the  writer  asks,  ^^  whether  this  looks 
like  a  distinct  state,  or  independent  empire  ?"  I  answer  no. 
And  that  it  is  plain  and  uncontroverted,  that  the  first  charter  was 
intended  only  to  erect  a  corporation  within  the  realm,  and  the 
governor  and  company  were  to  reside  within  the  realm,  and  their 
general  courts  were  to  be  held  there.  Their  agents,  deputies,  and 
servants  only  were  to  come  to  America.  And  if  this  had  taken 
place,  nobody  ever  doubted  but  they  would  have  been  subject  to 
parliament.  But  this  intention  was  not  regarded  on  either  side, 
and  the  company  came  over  to  America,  and  brought  their  char- 
ter with  them.  And  as  soon  as  they  arrived  here,  they  got  out 
of  £he  English  realm,  dominions,  state,  empire,  call  it  by  what 
name  you  will,  and  out  of  the  legal  jurisdiction  of  parliament. 
The  king  might,  by  his  writ  or  proclamation,  have  commanded 
them  to  return ;  but  he  did  not.  NOVANGLUS. 


NOTE. 

HosTiLmcs,  at  Lexington,  hetween  Great  Britain  and  her  colo- 
nies, commenced  on  the  nineteenth  of  April,  two  days  succeed- 
ing the  publication  of  this  last  essay.  Several  others  were  written, 
and  sent  to  the  printers  of  the  Boston  Gazette^  which  were  probably 
lost,  amidst  the  confusion  occasioned  by  that  event. 


'4\ 


i 


H  > 


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't'i 


MA8SACHUSETTENSIS, 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay>, 

December  12,  1774. 

«     • 

MV  SCAR  eOVNTRYMEN, 

WHEN  a  people,  by  what  means  soever,  are  reduced  to  such 
a  situation,  that  every  thing  they  hold  dear,  as  men  and  citizens, 
is  at  stake,  it  is  not  only  excuseable,  but  even  praiseworthy  for 
an  individual  to  offer  to  the  public  any  thing*,  that  lie  may  think 
has  a  tendency  to  ward  off  the  impending  danger  ;  nor  should  he 
be  restrained  from  an  apprehension  that  what  he  may  offer  will 
be  unpopular,  any  more  than  a  physician  should  be  restrained 
from  prescribing  a  salutary  medicine,  through  fear  it  might  be  un- 
palatable to  his  patient.  , 

The  press,  when  open  to  all  parties  and  influenced  by  none,  is 
a  salutary  engine  in  a  free  state,  perhaps  a  necessary  one  to  pre- 
serve the  freedom  of  that  state ;    but,  when  a  party  has  gained 
the  ascendancy  so  far  as  to  become  the  licensers  of  the  press, 
either  by  an  act  of  government,  or  by  playing  off  the  resentment 
of  the  populace  against  printers  and  authors,  the  press  itself  be- 
comes an  engine  of  oppression  or  licentiousness,  and  is  as  perni- 
cious to  society,  as  otherwise  it  would  be  beneficial.      It  is  too 
true  to  be  denied,  that  ever  since  the  origin  of  our  controversy 
with  Great  Britain,  the  press,  in  this  to;trn,  has  been  much  devot- 
ed to  the  partizans  of  liberty ;  they  have  been  indulged  in  pub- 
lishing what  they  pleased, /a$ve/  nefas^  while  little  has  been  pub- 
lished  on  the  part  of  government.    The  effect  this  must  have  had 
upon  the  minds  of  the  people  in  general  is  olivious ;    they  must 
have  formed  their  opinion  upon  a  partial  view  of  the  subject,  and 
of  course  it  must  have  been  in  some  degree  erroneous.    In  short, 
the  changes  have  been  rung  so  often  upon  oppression,  tyranny 
and  slavery,  that,  whether  sleeping  or  waking,  they  are  continu;* 


I 


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iiiij 


'll:! 


^i 


142 


ally  vibrating  in  our  ears  ;    and  it  in  now  high  time  to  ask  our- 
selves, whether  we  have  not  been  deliuled  by  sound  only. 

My  dear  countrymen,  let  us  divest  ourselves  of  prejudice,  take 
a  view  of  our  present  wretched  situation,  contrast  it  with  our  for- 
mer happy  one,  carefully  investigate  the  cause,  and  indu'^triouslj 
seek  some  means  to  escape  the  evils  we  now  feel,  and  prevent 
those  that  we  have  reason  to  expect. 

We  havb  been  so  long  advancing  to  our  present  state,  and  by 
such  gradations,  that  perhaps  many  o(  us  are  insensible  of  our  true 
state  and  real  danger.     Should  you  be  told  that  acts  of  high  trea> 
son  are  flagrant  through  the  country,  that  a  great  part  of  the 
province  is  in  actual  rebellion,  .vouldyou  believe  it  true?  Should 
you  not  deem  the  person  asserting  it,  an  enemy  to  the  province  ? 
Nay,  should  you  not  spurn  him  from  you   witli    indignation  ?  Be 
calm,  my  friends ;  it  is  necessary  to  know  the  wjrst  of  a  disease, 
to  enable  us  to  provide  an  effectual  remedy.       Arc  not  the  bandf 
of  society  cut  asunder,  and  the  sanctions  that  hold  man  to  man, 
trampled  upon  ?     Can  any  of  us  recover  a  debt,  or  obtain  com- 
pensation for  an  injury,  by  law  ?  Are  not  many  persons,  whom  oi;ce 
we  respected  and  revered,   driven  from  their  homes  and  families, 
and  forced  to  fly  to  the  nrmy  for  protection,  for  no  other  reason 
but  their  having  accepted  commissions  under  our  king,  ?     Is  not 
civil  government  dissolved  ?    Some  have  been  made  to  bolieve 
that  nothing  short  oi'  attempting  the  life  of  the  king,  or  fighting 
his  troops,  can  amount  to  high  treason  or  rebellion.     If,  reader, 
you  are  one  of  those,  apply  to  an  honest  lawyer,  (if  such  an  one 
can  be  found)  and  enquire  what  kind  of  offence  it  is  for  a  num- 
ber of  men  to  assemble  armed,    and   forcibly  to    obstruct    the 
course  of  justice,  even  to  prevent  the  king^s  courts  from  being 
held  at  their  stated  terms  ;  for  a  body  of  people  to  seize  upon  the 
king^s  provincial  revenue ;  f  mean  the  monies  collected  by  virtue 
of  grants  made  by  the  general  court  to  his  majesty  for  the  sup- 
port of  his  government,  within  this  province  ;  for  a  body  of  men 
to  assemble  without  being  called  by  authority,  and  to  pass  govern- 
mental acts ;  or  for  a  number  of  people  to  take  the  militia  out  of 
the  hands  of  the  king^s  representative,  or  to  form  a  new  militia, 
or  to  raise  men  and  appoint  officers  for  a  public  purpose,  without 
the  order  or  permission  of  the  king,  or  his  representative  ;  or  for 
a  number  of  men  to  take  to  their  arms,  and  march  with  a  profes- 
sed design  of  opposing  the  king's  troops ;  ^k,  reader,  of  such  a 
lawyer,  what  is  the  crime,  and  what  the  punishment ;  and  if,  per- 
chance, thou  art  one  that  hast  been  active  in  these  things,  and 
art  not  insensibility  itself,  his  answer  will  barrow  up  thy  soul. 

I  assure  you,  my  friends,  I  would  not  that  this  conduct  should 
be  told  beyond  the  borders  of  this  province ;  1  wish  it  were  con- 
signed to  perpetual  oblivion ;  but  alas,  it  is  too  notorious  to  be 
concealed ;  our  news-papers  have  already  published  it  to  the 
world ;  we  can  neither  prevent  nor  conceal  it.  The  shaft  is  al- 
ready sped,  and  the  utmost  exertion  is  necessary  to  prevent  the  . 


'1  • 

iir 


1    i 


f 

ni 


143 


■.^1 


our- 


Wow.  W«  already  feel  the  effects  of  anarchy ;  mutual  confidence, 
affection,  and  trinquiiity,  those  svreetriers  of  human  life,  are  suc- 
ceeded by  di^^trust,  hatred,  and  wild  uproar;  the  useful  arts  of 
agriculture  and  commerce  are  neglected  for  caballing,  mobbing 
this  or  the  other  man,  because  he  acts,  speaks,  or  is  suspected  of 
thinking  different  from  the  prevailing  sentiment  of  the  times,  in 
purchasing  arms,  and  forming  a  militia  ;  O  height  of  madness  ! 
with  a  professed  design  of  opposing  Great  Britain.  I  suspect 
many  of  us  have  been  induced  to  join  in  these  biettsures.  or  but 
faintly  to  oppose  them,  from  an  apprehension  that  Grct  Krituin 
would  not,  or  could  not  exert  herself  sufticiently  to  subdue  Anier- 
icii.  Let  us  consider  this  matter.  However  closely  we  may 
h(!g  ourselves  in  the  opmion,  that  the  parliament  has  no  right  to 
tax  or  legislate  for  us,  the  people  of  England  hold  the  contrary 
opiiion  IS  firmly.  Thoy  tell  us  we  are  a  part  of  the  British  em- 
pire ;  that  every  state,  from  the  nature  of  government,  must 
have  a  supreme,  uncontrolable  power,  co-extensive  with  the  em- 
pire  itsf^lf;  and  that  that  power  is  vested  in  parliament.  It  is  as 
unpopular  to  deny  this  doctrine  in  Great  Britain,  as  it  is  to  assert 
it  in  the  colonies  ;  so  there  is  but  little  probability  of  serving  our- 
selves .at  this  day  by  our  ingenious  distinctions  between  a  right  of 
legislation  for  one  purpose,  and  not  for  another.  We  have  bid 
them  defiance ;  and  the  longest  sword  must  carry  it,  unless  we 
change  our  measures.  Mankind  are  the  same,  in  all  parts  of  the 
world.  The  same  fondness  foi  dominion  that  presides  in  the 
breast  of  an  American,  actuates  the  breast  of  an  European.  If 
the  colonies  are  not  a  part  of  the  British  empire  already,  and 
subject  to  the  supreme  authority  of  the  state,  Great  Britain  will 
make  them  so.  Had  we  been  prudent  enough  to  confine  our  op- 
position within  certain  limits,  we  might  have  stood  some  chance 
of  succeeding  once  more  ;  but  alas,  we  have  passed  the  Rubicon. 
It  is  now  universally  said  and  believed,  in  England,  that  if  this  op- 
portunity of  reclaiming  the  colonies,  and  reducing  them  to  a  ^ense 
of  their  duty  is  lost,  they,  in  truth,  will  be  dismembered  from  the 
empire,  and  become  as  distinct  a  state  from  Great  Britain,  as  Han- 
over; that  is,  although  they  may  continue  their  allegiance  to  the 
person  of  the  king,  they  will  own  none  to  the  imperial  crown  of 
Great  Britain,  nor  yield  obedience  to  any  of  her  laws,  but  such 
as  they  shull  think  proper  to  adopt.  Can  you  indulge  the  thought 
one  moment,  that  Great  Britain  will  consent  to  this  ?  For  what 
has  she  protected  and  defended  the  colonies  against  the  maritime 
powers  of  Europe,  from  their  first  British  settlement  to  this  day  ? 
For  what  did  she  purchase  New-York  of  the  Dutch  ?  For  what 
was  she  so  lavish  of  her  best  blood  and  treasure  in  the  conquest 
of  Canada,  and  other  territories  in  America  ?  Was  it  to  raise  up 
a  rival  state,  or  to  enlarge  her  own  empire  ?  Or  if  the  conside- 
ration of  empire  was  out  of  the  question,  what  security  can  she 
have  of  our  trade,  when  once  she  has  lost  our  obedience  ?  I 
mention  these  things,  my  friends,  that  you  may  know  how  people 


■M 


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'!' 


144 


reason  upon  the  subject  in  England  ;  and  to  conTince  yod  that 
you  are  much  deceived,  if  you  imagine  that  Great  Britain  will 
accede  to  the  claims  of  the  colonies,  she  will  as  soon  conquer 
New-Rngland  as  treland  or  Canada,  if  either  of  them  revolted  ; 
and  by  arms,  if  the  milder  influences  of  government  prove  inef- 
fectual. Perhaps  you  are  as  fatally  mistaken  in  another  respect, 
I  mean,  as  to  the  power  of  Great  Britain  to  conquer.  But  can  any 
of  yon,  that  think  soberly  upon  the  matter,  be  so  deluded  as  to 
believe  that  Great  Britain,  who  so  lately  carried  her  arms  with 
success  to  every  part  of  the  globe,  triumphed  over  the  united 
powers  of  France  and  Spain,  and  whose  fleets  give  law  to  th^ 
ocean,  is  unable  to  conquer  us  ?  Should  the  colonies  unite  in  a 
war  against  Great  Britain  (which  bv  the  way  is  not  a  supposable 
case)  the  colonies  south  of  Pennsylvania  would  be  unable  to  fur- 
nish any  men  ;  they  have  not  more  than  is  necessary  to  govern 
their  numerous  slaves,  and  to  defend  themselves  against  the  In- 
dians. I  will  suppose  that  the  northern  colonies  can  furnish  as 
many,  and  indeed  more  men  than  can  be  used  to  advantage  ;  but 
have  you  arms  fit  for  a  campaign  ?  If  you  have  arms,  have  you 
military  storr-^,  or  can  yon  procure  them  ?  When  this  war  is 
proclaimed,  ail  supplies  from  foreign  parts  will  be  cut  off.  Have 
you  money  to  maintain  the  war  ?  Or  had  you  all  those  things, 
some  others  are  still  wanting,  which  are  absolutely  necessary  to 
encounter  regular  troops,  that  is  discipline,  and  that  subordination, 
whereby  each  can  command  all  below  him,  from  a  general  oflicer 
to  the  lowest  subaltern  ;  these  you  neither  have  nor  can  have  in 
such  a  war.  U  is  well  known  that  the  provincials  in  the  late  war 
were  never  brought  to  a  proper  discipline,  though  they  had  the 
example  of  the  regular  troops  to  encourage,  and  the  martial  law 
to  enforce  it.  We  all  know,  notwithstanding  the  province  law 
for  regulating  the  militia,  it  was  under  little  more  command  than 
wl;iat  the  officers  could  obtain  from  treating  and  humouring  the 
common  soldiers ;  what,  then,  can  be  expected  from  such  an 
army  as  you  will  bring  into  the  field,  if  you  bring  any,  each  one 
a  politician,  pulTcd  up  with  his  own  opinion,  and  feeling  himself 
second  to  none  ?  Can  any  of  you  command  ten  thousand  such 
men  ?  Can  you  punish  the  disobedient  ?  Can  all  your  wisdom 
direct  their  strength,  courage  or  activity  to  any  given  point  ? 
Would  not  the  least  disappointment  or  unfavourable  aspect  cause 
a  general  dereliction  of  the  service  ?  Your  new-fangled  militia 
have  already  given  us  a  specimen  of  their  future  conduct.  In 
Rome  of  their  companies,  they  have  already  chosen  two,  in  others, 
three  sets  of  oflicers,  and  rre  as  dissalisticd  with  the  last  choice 
as  the  first.  I  do  not  doubt  the  natural  bravery  of  my  "country- 
men ;  all  men  would  act  the  same  part  in  the  some  situation. 
Such  is  the  army  with  which  you  are  to  oppose  the  most  power- 
ful nation  upon  the  globe.  An  experienced  oflicer  would  rathef 
take  his  chance  with  five  thousand  British  troops,  than  with  fifty 
thousand  snch  militia,    i  have  hitiierto  confined  my  observationr 


I  i 


145 


to  the  Wat*  within  the  interior  parts  of  the  colonies,  let  lis  noW 
turn  our  eyes  to  our  extensive  sea  coast,  and  that  we  find  wholly 
at  the  mercy  of  Great  Britain ;  our  trade,  fishery,  navi&ration, 
and  maritime  towns  taken  from  us  the  very  day  that  war  is  pro- 
claimed. Inconceivably  shocking  the  scene ;  if  we  turn  our  views 
to  the  wilderness,  our  back  settlements  a  prey  to  our  ancient  en- 
emy, the  Canadians,  whose  wounds  received  from  us  in  the  lat« 
war,  will  bleed  afresh  at  the  prospect  of  revenge,  and  to  the  nu- 
onerous  tribes  of  savages,  whose  tender  mercies  are  cruelties. 
Thus  with  the  British  navy  in  the  front,  Canadians  and  savages  irt 
the  rear,  a  regular  army  in  the  midst,  we  must  be  certain  that 
Whenever  the  sword  of  civil  war  is  unsheathed,  devastation  will 
pass  through  our  land  like  a  whirlwind ;  our  houses  be  burnt  to 
ashes  ;  our  fair  possessions  laid  Waste,  and  he  that  falls  by  the 
sword,    will  be  happy  in  escaping   a  more  ignominious  death. 

I  have  hitherto  gone  upon  a  supposition,  that  all  the  colonies, 
from  Nova-Scotia  to  Georgia,  would  unite  in  the  war  against 
Gr^at  Britain ;  but  I  believe,  if  we  consider  coolly  upon  the  mat- 
ter, we  shall  find  no  reason  to  expect  any  assistance  out  of  New- 
England  ;  if  so,  there  will  be  no  arm  stretched  out  to  save  us. 
New  England,  or  perhaps  this  self-devoted  provinte  will  fall  alone 
the  unpitied  victim  of  its  own  folly,  and  furnish  the  World  with 
one  more  instance  of  the  fatal  consequences  of  rebellion. 

I  have  as  yet  said  nothing  of  the  difference  in  sentiment  among 
ourselves.  Upon  a  superficial  view  we  might  imagine  that  this 
province  was  nearly  unanimous  ;  but  the  case  is  far  different. 
A  very  considerable  part  of  the  men  of  property  in  this  province, 
are  at  this  day  fiinnly  attached  to  the  cause  of  government ;  bo. 
dies  of  men,  compelling  persons  to  disavow  their  seatiments,  to 
resign  commissions,  or  to  subscribe  leagues  and  covenants,  has 
wrought  no  change  in  their  sentiments ;  it  has  only  attached  them 
more  closely  to  government,  and  caused  them  to  wish  more  fer- 
vently, and  to  pray  more  devoutly,  for  its  restoration.  These,  and 
thousands  beside,  if  they  fight  at  all,  will  fight  under  the  banners 
of  loyalty.  I  can  assure  you  that  associations  are  now  forming  in 
several  parts  of  this  province,  for  the  support  of  his  majesty's 
government  and  mutual  defence ;  and  let  me  tell  you,  whenever 
the  royal  standard  shall  be  set  up,  there  will  be  such  a-  flocking 
to  it,  as  will  astonish  the  most  obdurate.  And  now,  in  God's 
name,  what  is  it  that  has  brought  us  to  this  brink  of  destruction  ? 
Has  not  the  government  of  Great  Britain  been  as  mild  and  equita- 
ble in  the  colonies,  as  in  any  part  of  her  extensive  dominions  ? 
Has  not  she  been  a  nursing  mother  to  us,  from  the  days  of  our  in« 
fancy  to  this^time  ?  Has  she  not  been  indulgent  almost  to  a  fault  ? 
Might  not  each  one  of  us  at  this  day  have  sat  quietly  under  hiir 
own  vine  and  fig-tree,  and  there  have  been  none  to  make  us  afraid^ 
were  it  not  for  our  own  folly  ?  Will  not  posterity  be  amazed^ 
when  they  are  told  that  the  present  distraction  took  its  rise  from 
a  three  penny  duty  on  tea,  and  call  it  a  more  una«c«untable  frenzy^ 

U 


\li 


i 


■■10^ 

■mi 


.I" 


146 


-aod  motti  diBgraccful  to  the  annals  of  America,  tiiaii  tbat'of  the 
witchcraft  ? 

I  mil  attempt  in  the  next  paper  to  retrace  the  step*  Mid  mark 
the  progressions  that  led  us  to  this  state.  I  promise  to  do  it  witb 
fidelity  ;  and  if  any  thing  should  look  like  reflecting  on  ittdiyidn- 
als  or  bodies  of  men,  it  must  be  set  down  to  my  impartiality,  and 
not  to  a  fondness  for  censuring. 

MASSACHUSETTENSIS.  t 


ii   f 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay, 

December  19,  1774. 


-  »     If! 


MV  DEAR  COUNTRYMEN, 

I  ENDEAVOURED  last  week  to  convince  you  of  our  real 
danger,  not  to  render  you  desperate,  but  to  induce  you  to  Seek 
immediately  some  effectual  remedy.  Our  case  is  not  yet  reme> 
diless,  as  we  have  to  deal  with  a  nation  not  less  generous  and  hu-> 
mane,  than  powerful  and  brave  ;  just  indeed,  but  not  vindictive. 

I  shall,  in  this  and  successive  papers,  trace^i^his  yet  growing 
distemper  through  its  several  stages,  from  the  first  rise  to  the 
present  hour,  point  out  the  causes,  mark  the  effects,  shew  the 
madness  of  persevering  in  our  present  line  of  conduct,  and  recom- 
mend what,  I  have  been  long  convinced,  is  our  only  remedy.  I 
confess  myself  to  be  one  of  those,  that  think  our  present  calamity 
is  in  a  great  measure  to  be  attributed  to  the  bad  policy  of  a  pop' 
ular  party  in  this  province  ;  and  that  their  measures  for  several 
years  past,  whatever  may  have  been  their  intention,  have  been 
diametrically  opposite  to  their  profession, — the  public  good ;  and 
cannot,  at  present,  lut  compare  their  leaders  to  a  false  guide,  that 
having  led  a  benighted  tr^iveller  through  many  masses  and  wind- 
ings in  a  thick  wood,  finds  himself  at  length  on  the  brink  of  a  hor« 
rid  precipice,  ;uid,  to  save  himself,  seizes  fast  hold  of  his  follower, 
to  the  utmost  hazard  of  plunging  both  headlong  down  the  steep, 
anH  beinsf  dashed  in  pi(^e8  together  against  the  rocks  below. 

In  ordinary  cases  wc  may  talk  in  the  measured  language  of  a 
courtier  ;  but  when  such  a  weight  of  vengeance  is  suspended  ovef 
our  heads,  by  a  single  thread,  as  threatens  every  moment  to  crusk 
us  to  atoms,  delicacy  itself  would  iie  ill-timed.  I  wiW  declare  the 
plain  truth  wherever  I  find  it,  and  claim  it  as  a  rigb<f  to  canvass 
popular  measures  and  expose  their  errors  and  pernicioos  tendency. 


14^ 


as  freely  as  goTtFDmental  measures  are  tanvassed,  so  long  at  1 
eoQfiae  myself  within  the  limi^i  of  the  iuw. 

Al  the  conclqsioB  of  the  late  irar,  Great  Britain  fonnd  that 
thouf  h  she  had  humbled  her  enemies,  and  greatly  enlarged  her 
own  empire,  that  the  national  debt  amounted  to  almost  one  hun^ 
dred  and  £fty  roiiiions,  and  that  the  annual  exponce  of  keeping 
her  extended  dominions  in  a  state  of  defence,  which  good  policy 
dictates  no  less  in  a  time  of  peace  than  war,  was  increased  in  pro- 
portion to  the  new  acquisitions.  Heavy  taxes  and  duties  were  al- 
ready laid,  not  only  upon  the  luxuries  and  conveniences,  but  even 
the  necesflariea  of  li^  in  Great  Britain  and  Ireland.  She  knew 
that  the  colonies  were  as  much  benefitted  by  the  conquests  in  the 
late  war,  as  any  part  of  the  empire,  and  indeed  more  so,  as  their 
continental  fees  were  subdued,  and  they  might  now  extend  their 
settlements  not  only  to  Canada,  but  even  to  the  western  ocean. — 
The  greatest  opening  was  given  to  agriculture,  the  natural  liveli- 
hood of  the  country)  that  ever  was  known  in  the  history  of  the 
world,  and  their  trade  was  protected  by  the  British  navy.  The 
revenue  to  the  crown,  from  America,  amounted  to  but  little  more 
than  the  charges  of  collecting  it.  She  thought  it  as  reasonable 
that  the  colonies  should  bear  a  part  of  the  national  burden,  as  that 
they  should  share  in  the  national  benefit.  For  this  purpose  the 
stamp-act  was  passed.  The  eolo.  ies  soon  found  that  the  duties 
imposed  by  the  stamp-act  would  be  grievous,  as  they  were  laid 
upon  custom-house  papers,  law  proceedings,  conveyancing,  and 
indeed  extended  to  almost  all  their  internal  trade  and  dealings. 
It  was  generally  believed  through  the  colonies,  that  this  was  a  tax 
not  only  exceeding  our  proportion,  but  beyond  our  utmost  ability 
to  pay  This  idea,  united  the  colonies  generally  in  opposing  it. 
At  fimt  we  did  not  dream  of  denying  the  au^fiority  of  parliament  to 
tax  us,  much  less  to  legislate  for  us.  We  h^d  always  considered 
ourselves,  as  a  part  of  the  British  empire,  and  the  parliament,  as 
the  supreme  legislature  of  the  whole.  Acts  of  parliament-  foe 
regulating  our  internal  polity  were  familiar.  We  had  paid  post- 
age agreeable  to  act  of  parliament,  for  establishing  a  post-office, 
duties  imposed  for  regulating  trade,  and  even  for  raising  a  revenue 
to  the  crown  without  questioning  the  right,  though  we  closely  ad^ 
verted  to  the  rate  or  quantum.  We  knew  that  in  all  those  acts  of 
government,  the  good  of  the  whole  had  been  consulted,  and  when- 
ever through  want  of  information  any  thing  grievous  had  been 
ordained,  we  were  sure  of  obtaining  redress  by  a  proper  repre-< 
aentation  of  it.  We  were  happy  in  our  subordination ;  but  in  an 
evil  hour,  under  the  influence  of  some  malignant  planet,  the  de- 
sign was  formed  of  opposing  the  stamp-act,  by  a  denial  of  the  right 
•f  parliament  to  make  it.  The  love  of  empire  is  so  predominant 
in  th;e  human  brea«t,  that  we  rarely  find  an  individual  content  with 
relinquishing  a  power  that  he  is  able  to  retain  ;  never  a  body  of 
men.  Some  few  months  after  it  was  known  that  the  stamp-act 
was  passed,  some  resolves  of  the  house  of  bui^enses  in  Virginia. 


'..hU 


m 

vAf 


-^ 


1 


■Ma 


-,'Sf 


•r  'Ml 


■n 


i 


.\»> 


i. 


148 


M  fiH 


•ienying;  the  right  of  parliament  to  tax  the  colonies,  made  their 
appearance.  We  read  them  with  wonder ;  they  savoured  of  in- 
dependence ;  they  flattered  the  human  passions ;  the  reasoninf^ 
was  specious ;  we  wished  it  conclusive.  The  tran^tion,  to  be- 
lieving it  so,  was  easy  ;  and  we,  and  almost  all  America,  followed 
their  example,  in  resolving  that  the  parliament  had  no  such  right. 
It  now  became  unpopular  to  suggest  the.  contrary  ;  his  life  would 
be  in  danger  that  asserted  it.  The  newspapers  were  open  to  but 
one  side  of  the  question,  and  the  inflammatory  pieces  that  issued 
weekly  from  the  press,  worked  up  the  populace  to  a  fit  temper  to 
commit  the  outrages  that  ensued.  A  non-importation  was  agreed 
upon,  which  alarmed  the  merchants  and  manufacturers  in  Eng- 
land. It  was  novel,  and  the  people  in  England  then  supposed,  that 
the  love  of  liberty  was  so  powerful  in  an  American  merchant,  as 
to  stifle  his  love  of  gain,  and  that  the  agreement  would  be  relig- 
iously adhered  to.  It  has  been  said,  that  several  thousands  were 
expended  in  England,  to  foment  the  disturbances  there.  Howev- 
er that  may  be,  opposition  to  the  ministry  was  then  gaining  ground, 
from  circumstances,  foreign  to  this.  The  ministry  was  changed, 
and  the  stamp-act  repealed.  The  repealing  statute  passed,  with 
difticulty  however,  through  the  house  of  peers,  near  forty  noble 
lords  protested  against  giving  way  to  such  an  opposition,  and  fore- 
told what  has  since  literally  come  to  pass  in  consequence  of  it. 
When  the  statute  was  made,  imposing  duties  upon  glass,  paper, 
India  teas.  &c.  imported  into  the  colonies,  it  was  said,  that  this 
was  another  instance  of  taxation,  for  some  of  the  dutied  commod- 
ities were  necessaries,  we  had  them  not  within  ourselves,  were 
prohibited  frOm  importing  them  from  any  place  except  Great  Brit- 
ain, were  therefore  obliged  to  import  them  from  Great  Britain, 
and  consequently,  were  obliged  to  pay  the  duties.  Accordingly 
newspaper  publications,  pamphlets,  resolves,  non-importation 
agreements,  and  the  whole  System  of  American  opposition  was 
again  put  in  motion.  We  obtained  a  partial  repeal  of  this  statute, 
which  took  ofl'  the  duties  from  all  the  articles  except  teas.  This 
was  the  lucky  moment  when  to  have  closed  the  dispute.  We 
might  have  made  a  safe  and  honorable  retreat.  We  had  gained 
much,  perhaps  more  than  we  expected.  If  the  parliament  had 
passed  an  act  declaratory  of  their  right  to  tax  us,  our  assemblies 
had  resolved,  ten  times,  that  they  had  no  such  right.  We  Could 
not  complain  of  the  three-penny  duty  on  tea  as  burdensome,  for  a 
shilling  which  had  been  laid  upon  it,  for  the  purpose  of  regulating 
trade,  aiid  therefore  was  allowed  to  be  constitutional,  was  taken 
off;  so  that  we  were  in  fact  gainers  nine-pence  in  a  pound  by  the 
new  regulation.  If  the  appropriation  of  the  revenue,  arising  from 
this  statute  was  disrehshed,  it  was  only  our  striking  off  one  article 
of  luxury  from  our  manner  of  living,  an  article  too,  which  if  we 
may  believe  the  resolves  of  most  of  the  towns  in  this  province,  or 
.rely  on  its  collected  wisdom  in  a  resolve  of  the  house  of  repte- 
sentt^tives,  was  to  the  last  degree  ruinous  to  health.    It  was  futile 


•'I  n    f 


149 


to  urge  its  being  a  precedent,  as  a  reason  for  keeping  up  the  ball 
of  contention ;  for,  allowing  the  supreme  legislature  ever  to  want 
a  precedent,  they  had  many  for  laying  duties  on  commodities  im- 
ported into  the  colonies.  And  beside  we  had  great  reuson  to  be- 
lieve that  the  remaining  part  of  the  statute  woutd  be  repealed, 
as  soon  as  the  parliament  should  suppose  it  could  be  done  with 
honor  to  themselves,  as  the  incidental  revenue  arising  from  the 
former  regulation,  was  four  fold  to  the  revenue  arising  from  the 
latter.  A  claim  of  the  right,  could  work  no  injury,  so  long  at 
there  was  no  grievous  exercise  of  it,  especially  as  we  had  protest- 
ed against  it,  through  the  whole,  and  could  not  be  said  to  have 
departed  from  our  claims  in  the  least.  We  might  now  upon  good 
terms  have  dropped  the  dispute,  and  been  happy  in  the  ati'cctions 
of  our  mother  country  ;  but  that  is  yet  to  come.  Party  is  iai^ep- 
erable  from  a  free  state.  The  several  distributions  of  power,  as 
they  are  limited  by,  so  they  create  perpetual  dissentions  between 
each  other,  about  their  respective  boundaries ;  but  the  greatest 
source  is  the  competition  of  individuals  for  preferment  in  the 
state.  Popularity  is  the  ladder  by  which  the  partizans  usually 
climb.  Accordingly,  the  struggle  is,  who  shall  have  the  greatest 
>«hare  of  it.  Each  party  professes  disinterested  patriotism,  though 
some  cynical  writers  have  ventured  to  assert,  that  sell-love  is  the 
ruling  passion  of  the  whole.  There  were  two  parties  in  this 
province  of  pretty  long  standing,  known  by  the  name  of  whig  and 
tory,  which  at  this  time  were  not  a  little  imbittcred  against  each 
other.  Men  of  abilities  and  acknowledged  probity  were  on  both 
sides.  If  the  tories  were  suspected  of  pursuiug  their  private  in- 
terest through  the  medium  of  court  favor,  there  was  equal  reason 
to  suspect  the  whigs  of  pursuing  their  private  interest  by  the 
means  of  popularity.  Indeed  some  of  them  owed  all  their  impor- 
tance to  it,  and  must  in  a  little  time  have  sunk  into  obscurity,  had 
these  turbulent  commotions  then  subsided. 

The  tories  and  whigs  took  different  routs,  as  usual.  The  to- 
ries were  for  closing  the  controversy  with  Great  Britain,  the 
whigs  for  continuing  it ;  the  tories  were  for  restoring  government 
in  the  province,  which  had  become  greatly  relaxed  by  these  con- 
vulsions, to  its  former  tone  j  the  whigs  were  averse  to  it ;  they 
even  refused  to  revive  a  temporary  riot  act,  which  expired  about 
this  time.  Perhaps  they  thought  that  mobs  were  a  necessary  in- 
gredient in  their  system  of  opposition.  However,  the  whigs  had 
great  advantages  in  the  unequal  combat  ;  their  scheme  flattered 
the  people  with  the  idea  of  independence  ;  the  tories'  plan  suppo- 
sed a  degree  of  subordination,  which  is  rather  an  humiliating  idea ; 
besides  there  is  a  propensity  in  men  to  believe  themselves  injur- 
ed and  oppressed  whenever  they  are  told  so.  The  ferment,  raised 
in  their  minds  in  the  time  of  the  stamp-net,  was  not  yet  allayed, 
and  the  leaders  of  the  whigs  had  gained  the  confidence  of  the  peo* 
pie  by  their  successes  in  their  former  struggles,  so  that  they  had 
nothing  to  do  but  to  keep  up  the  spirit  among  the  people,  and 


-*T 


'^ 


'  ''i 
'.'.fi 


w.; 


'■# 


>  ( 


m 


••  f, 


150 


•  t 


.1:  i 


11! 


-  !l: 


they  were  f  ure  ef  cemmandiog  in  thia  provivce.  it  required  some 
pains  to  prevent  their  minds  settiing  into  that  calm,  which  is  ordi- 
narily the  effect  of  a  mild  government ;  the  whigs  were  sensible 
that  there  was  no  oppression  that  could  be  either  seen  or  felt  i  if 
any  thing  wai  in  reality  amiss  in  government,  it  was  its  being  too 
lax.  So  fur  was  it  from  the  innocent  being  in  danger  of  suffering, 
that  the  most  atrocious  offenders  escaped  with  impunity.  They 
accordingly  applied  themselves  to  work  upon  the  imagination, 
and  to  inflame  the  passions ;  for  this  work  they  possessed  great 
talents ;  1  will  do  justice  to  their  ingenuity ;  they  were  intiowtelj 
acquainted  with  the  feelings  of  man,  and  knew  all  the  avenues  t* 
the  human  heart.  Effigies,  paintings,  and  other  imagery  werp 
exhibited ;  the  fourteenth  of  August  was  celebrated  annually  af 
a  festival  in  commemoration  of  a  mob^s  destroying  a  building,  owi^ 
ed  by  the  late  Lieutenant  Governor,  which  was  supposed  to  have 
been  erected  for  a  stamp-office:  and  compelling  him  to  res^n  hvi 
office  of  stamp-master  under  liberty  tree ;  annual  orations  were 
delivered  in  the  old  south  meeting  house,  on  the  fifth  of  March, 
the  day  when  some  persons  were  unfortunately  killed  by  a  party 
of  the  twenty-ninth  regiment ;  lists  of  imaginary  grievances  were 
continually  published  ;  the  people  were  told  weekly  that  the  mini* 
istry  had  formed  a  plan  to  enslave  them ;  that  the  duty  upon  tee 
was  only  a  prelude  to  a  window  tax,  hearth  tax,  land  tax,  and  poll 
tax  ;  and  these  were  only  paving  the  way  for  reducing  the  coun- 
try to  lordships.  This  last  bait  was  the  more  easily  swallowed,  as 
there  seems  to  be  an  apprehension  of  that  kind  hereditary  to  the 
people  of  New-England ;  and  were  conjured  by  the'duty  the>  ow- 
ed themselves,  their  country,  and  their  God,  by  the  reverence 
due  to  the  sacred  memory  of  their  ancestors,  and  all  their  toils 
and  sufferings  in  this  once  inhospitable  wilderness,  and  by  their 
affebtions  for  unborn  millions,  to  rouse  and  exert  themselves  iq 
the  common  cause.  This  perpetual  incantation  kept  the  people 
in  continual  alarm.  We  were  further  stimulated  by  being  told, 
that  the  people  of  England  were  depraved,  the  parliament  venal, 
and  the  ministry  corrupt ;  nor  were  attempts  wanting  to  traduce 
Majesty  itself.  The  kingdom  of  Great  Britain  wp,s  depicted  as  an 
ancient  structure,  once  the  admiration  of  the  world,  now  sliding 
from  its  base,  and  rushing  to  its  full.  At  the  same  time  we  were 
called  upon  to  mark  our  own  rapid  growth,  and  behold  the  certain 
evidence  that  America  was  upon  the  eve  of  independent  empire. 

When  we  consider  what  effect  a  well  written  tragedy  or  novel 
has  on  the  human  passions,  though  we  know  it  to  be  all  fictitious, 
what  effect  must  all  this  be  supposed  to  have  had  upon  those,  that 
believed  these  high  wrought  images  to  be  realities  ? 

The  tories  have  been  censured  for  remissness  in  not  having 
exerted  themselves  sufficiently  at  this  period.  The  truth  of  the 
case  is  this ;  they  saw  and  shuddered  at  the  gathering  storm,  but 
durst  not  attempt  to  dispel  it,  lest  it  should  burst  on  their  own 
haads.    Printers  were  threatened  with  the  loss  of  their  bread)  for 


151 


publish  iDgp  freely  on  the  tory  side.     One  Mr.  Mein  vfos  forced  to 
iy  the  country  for  persisting  in  it. 

All  our  dissenting  ministers  were  not  inactive  on  this  occasion. 
When  the  clei^y  engage  in  a  political  warfare,  religion  becomes 
a  most  powerful  engine,  either  to  support  or  overthrow  the  state. 
What  effect  must  it  have  had  upon  the  audience  to  hear  the  same 
sentiments  and  principles,  which  they  had  before  read  in  a  news- 
paper, delivered  on  Sundays  from  the  sacred  desk,  with  a  reli- 
gious awe,  and  the  most  solemn  appeals  to  heaven,  from  lips 
which  they  had  been  taught,  from  their  cradles,  to  believe  could 
utter  nothing  but  eternal  truths  ?  What  was  it  natural  to  expect 
from  a  people  bred  under  a  free  constitution,  jealous  of  their  lib- 
erty, credulous,  even  to  a  proverb,  when  told  their  privileges 
were  in  danger,  thus  wrought  upon  in  the  extreme  ?  I  answer, 
outrages  disg^raceful  to  humanity  itself.  What  mischief  was  not 
an  artful  man,  who  had  obtained  the  confidence  and  guidance  of 
such  an  enraged  multitude,  capable  of  doing  ?  He  had  only  to 
point  out  this  or  the  other  man,  as  an  enemy  of  his  country ;  and  no 
character,  station,  age,  or  merit  could  protect  the  proscribed  from 
their  fury.  Happy  was  it  for  him,  if  he  could  secrete  his  person, 
and  subject  his  property  only  to  their  lawless  ravages.  By  such 
means,  many  people  naturally  brave  and  human<;,  have  been 
wrought  upon  to  commit  such  acts  of  private  mischief  and  public  vi- 
•lence,  as  will  blacken  many  a  page  in  the  history  of  our  country. 

I  shall  next  trace  the  effects  of  this  spirit,  which  the  whigs  had 
thuhinfused  into  the  body  of  the  people,  through  the  courts  of 
common  law,  and  the  general  assembly,  and  mark  the  ways  and 
means,  whereby<they  availed  themselves  of  it,  to  the  subversion  of 
our  charter  constitution,  antecedent  to  the  late  acts  of  parliament. 

MASSACHUSETTENSIS. 


I 

■h 


■ .'.  ,*■ 
'■,1*1 


ADDRESSED 

To  the  Inhabitants  of  the  Province  ofMassachusetls  Ba^. 

December  26,  1774. 


r. 


MY  DEAR  COUNTRYMEN, 

TO  undertake  to  convince  a  person  of  his  error,  is  the  indispeu- 
sible  duty,  the  certain,  though  dangerous  test  of  friendship.  He. 
that  could  see  his  friend  persevering  in  a  fatal  error,  without  re- 
minding him  of  it,  and  striving  to  reclaim  him,  through  fear  that 
he  might  thereby  incur  his  displeasure,  would  little  deserve  the 
sacred  name  himself.  Such  delicacy  is  not  only  false,  but  criminal. 
Were  I  not  fully  convinced  upon  the  most  mature  detiberation. 


m 


'    mi 


152 


i    1 


;•^^^i|| 


;  i:.:i' 


(hilt  I  am  capable  of,  that  the  temporal  saltation  6f  this  province! 
depends  upon  an  entire  and  speedy  change  of  measures,  which 
must  depend  upon  a  change  of  sentiment,  respecting  our  own  con- 
duct, and  the  justice  of  the  British  nation,  I  never  should  have 
obtruded  myself  on  the  public.  I  repeat  my  promise,  to  avoid 
personal  reflection,  as  much  as  the  nature  of  the  task  will  admit 
of;  but  will  continue  faithfully  to  expose  the  wretched  policy  of 
the  whigs,  though  I  may  be  obliged  to  penetrate  the  arcana,  and 
discover  such  things  as,  were  there  not  a  necessity  for  it,  I  should 
he  infinitely  happier  in  drawing  ai  veil  over,  or  covering  with  a 
mantle.  Should  I  be  so  unfortunate  as  to  incur  your  displeasure, 
I  shall  nevertheless  think  myself  happy,  if  I  can  but  snatch  one  of 
my  fellow-subjects  as  a  brand  out  of  the  burning. 

Perhaps  some  may  imagine  that  1  have  represented  too  many 
of  my  countrymen,  as  well  as  the  leading  whigs,  in  an  unjust  point 
of  light,  by  supposing  these  so  wicked  as  to  mislead,  ojr  those  so 
little  circumspect  as  to  be  misled,  in  matters  of  the  last  importance^ 
Whoever  has  been  conversant  with  the  history  of  man,  must  know 
that  it  abounds  with  such  instances.  The  same  game,  and  with 
the  same  success^  has  been  played  in  all  ages,  and  all  countries. 

The  bulk  of  the  people  are  generally  but  little  versed  in  mat- 
ters of  state.  Want  of  inclination  or  opportunity  to  figure  in  pub- 
lic life,  makes  them  content  to  rest  the  affairs  of  government  in 
the  hands,  where  accident  or  merit  has  placed  them.  Their  views 
and  employments  are  confined  to  the  humbler  walks  of  business 
or  retirement.  Thfere  is  a  latent  spark  however,  in  their 
breasts,  capable  of  being  kindled  into  a  flame  ;  to  do  this  has  al- 
ways been  the  employment  of  the  disaffected.  They  begin  by 
reminding  the  people  of  the  elevated  rank  they  hold  in  the  uni- 
verse, as  men  ;  that  all  men  by  nature  are  equal ;  that  kings  are 
but  the  ministers  of  the  people  ;  that  their  authority  is  delegated 
to  them  by  the  people  for  their  good,  and  they  have  a  right  to 
resume  it,  and  place  it  in  other  hands,  or  keep  it  themselves, 
whenever  it  is  made  use  of  to  oppress  them.  Doubtless  there 
have  been  instances  where  these  principles  have  been  inculcated 
to  obtain  a  redress  of  real  grievances,  but  they  have  been  much 
oftener  perverted  to  the  worst  of  purposes.  No  government, 
however  perfect  in  theory,  is  administered  in  perfection ;  the 
frailty  of  man  does  not  admit  of  it.  A  small  mistake,  in  point  of 
policy,  often  furnishes  a  pretence  to  libel  governmeiit,  and  per- 
suade the  people  that  their  rulers  are  tyrants,  and  the  whole 
government  a  system  of  oppression.  Thus  the  Seeds  of  sedition 
are  usually  sown,  and  the  people  are  led  to  sacrifice  reaj!  liberty 
to  licentiousness,  which  gradually  ripens  into  rebellion  and  civil 
war.  And  what  is  still  more  to  be  lamented,  the  generality  of 
the  people,  who  are  thus  made  the  dupes  of  artifice,  and  the 
Hjere  stilts  of  ambition,  are  sure  to  be  losers  in  the  end.  The 
best  they  can  expect,  is  to  be  thrown  neglected  by,  when  they 
are  no  longer  wanted :  but  they  are  seldom  so  h«ppy  ;  if  they 


* 


153 


tire  subdued,  confiscation  of  estate  and  ignominious  death  arc 
tbeir  portion ;  if  they  conquer,  their  own  army  is  often  turned 
upon  them,  to  subjugfate  them  to  a  more  tyranical  government 
than  that  they  rebelled  against.  History  is  replete  with  instan- 
ces of  this  kind  ;  we  can  trace  them  in  remote  antiquity,  we  find 
them  in  modem  times,  and  have  a  remarkable  one  in  the  very 
country  fVom  which  we  are  derived.  It  is  an  unrversal  truth, 
that  he  that  would  excite  a  rebellion,  whatever  professions  of 
philanthropy  he  may  make,  when  he  is  insinuating  and  worming 
himself  into  the  good  graces  of  the  people,  is  at  heart  as  great  a 
tyrant  as  ever  w'  Med  the  iron  rod  of  oppression.  1  shall  have 
occasion  hereafter  to  consider  this  matter  more  fully,  when  I 
shall  endeavour  to  convince  yoU  how  little  we  can  gain,  and  how 
much  we  may  lose,  by  this  unequal,  unnatural,  and  desperate 
contest.  My  present  business  is,  to  trace  the  spirit  of  opposition 
to  Great  Britain  through  the  general  court,  and  the  courts  of 
common  law.  .  In  moderate  times,  a  representative  that  votes  for 
an  unpopular  measure,  or  opposes  a  popular  one,  is  in  danger  of 
V)sing  his  election  the  next  year  ;  when  party  runs  high,  be  is 
sure  to  do  it.  It  was  the  policy  of  the  whigs  to  have  their  ques- 
tions, upon  high  matters,  determined  by  yea  and  nay  votes,  which 
were  published  with  the  representatives^  names  in  the  next  ga-^ 
?ette.  This  was  commonly  followed  by  severe  strictures  and  the 
most  illiberal  invectives  upon  the  dissentients  ;  sometimes  they 
were  held  up  as  objects  of  resentment,  of  contempt  at  others ;  the 
abuse  was  in  proportion  to  the  extravagance  of  the  measure  they 
opposed.  This  may  seem  not  worth  notice,  but  its  consequences 
were  important.  The  scurrility  made  its  way  into  the  dissen- 
tient's town,  it  furnished  his  competitor  with  means  to  supplant 
him,  and  he  took  care  to  shun  the  rock  his  predecessor  had  split 
upon.  In  this  temper  of  the  times,  it  was  enough  to  know  who 
voted  with  Cassius  and  who  with  Lucius,  to  determine  who  was  a 
friend  and  who  an  enemy  to  the  country,  without  once  advertin^^ 
to  the  questio^i  before  the  house.  The  loss  of  a  seat  in  the  house 
was  not  of  so  much  consequence  ;  but  when  once  he  became  stig- 
matized as  an  enemy  to  his  country,  he  was  exposed  tu  insult  ; 
and  if  his  profession  or  business  was  such,  that  his  livelihood  de- 

S ended  much  on  the  good  graces  of  his  fellow  citizens,  he  was  i^ 
anger  of  losing  his  bread,  and  involving  his  whole  family  in  ruin. 
One  particular  set  of  members,  in  committee,  always  prepared 
the  resolves  and  other  spirited  measures.  At  first  they  were 
canvassed  freely,  at  length  would  slide  through  the  house  with- 
out meeting  an  obstacle.  The  lips  of  the  dissentients  were  seal- 
ed up  ;  they  sat  in  silence,  and  beheld  with  intmite  regret  the 
measures  they  durst  not  oppose.  Many  were  borne  down  against 
their  wills,  by  the  violence  of  the  current ;  upon  no  other  princi- 
ple can  we  ireconcile  their  ostensible  conduct  in  the  house  to 
their  declarations  in  private  circles.  The  apparent  unanimity  in 
the  house  encouraged  tho  opposition  out  of  tloors,  and^thut  in  it* 
20 


"1* 


I 


■■■!* 


-pi 


154 


H  I 


^'i. ) 


'  !'•' 


■il'l 


turn  strengthened  the  party  in  the  house.     Thus  they  went  on 
mutually  supporting  and  up-lifting  each  other.     Assemblies  and 
toTvns  resolved  alternately ;  some  of  them  only  omitted  resolv 
ing  to  snatch  the  sceptre  out  of  the  hands  of  our  sovereign,  and 
to  strike  the  imperial  crown  from  his  sacred  head. 

A  ma&lcr  stroke  in  )iolitics  rscpecting  the  agent,  ought  not  to 
be  neglected.  Each  colonv  has  usually  an  agent  residing  at  the 
court  of  Great  Britain.  Ihese  agents  are  appointed  by  the  three 
branches  of  their  several  assemblies  ;  and  indeed  there  cannot  be 
a  provincial  agent  without  such  appointment.  The  whigs  soon 
found  that  they  could  not  have  such  services  rendered  them 
from  a  provincial  agent,  as  would  answer  their  purposes.  The 
house  therefore  relused  to  join  with  the  other  two  branches  of 
the  general  court  in  the  appointment.  The  house  chose  an 
agent  for  then;selves,  and  the  council  appointed  another.  Thus 
we  had  two  agents  fur  private  purposes,  and  the  expence  of 
agency  doubled  ;  and  with  equal  reason  a  third  might  have  been 
added,  as  agent  for  the  Governor,  and  the  charges  been  trebled. 

The  additional  expence  was  of  little  consideration,  compared 
with  another  inconvenience  that  attended  this  new  mode  of  agen- 
cy. The  person  appointed  by  the  house  was  the  ostensible 
agent  of  the  province,  though  in  fact  he  was  only  the  agent  of  a 
few  individuals  that  had  got  the  art  of  managing  the  house  at 
their  pleasure.  He  knew  his  continuing  in  otTice  depended  upon 
them.  An  otlice,  that  yielded  several  hundred  pounds  sterling 
annually,  the  business  of  which  consisted  in  little  more  than  at- 
tending the  levees  of  the  great,  and  writing  letters  to  America, 
was  worth  preserving.  Thus  he  was  under  a  strong  temptation 
to  sacrifice  the  province  to  a  party ;  and  ecchoed  back  the  senti- 
ments of  his  patrons. 

The  advices  continually  received  from  one  of  the  persons,  that 
was  thus  appointed  agent,  had  great  influence  upon  the  members 
of  the  house  of  more  moderate  principles.  He  had  pushed  his 
researches  deep  into  nature,  and  made  important  discoveries  ; 
they  thought  he  had  done  the  same  in  politics,  and  did  not  admire 
him  less  as  a  politician,  than  as  a  philosopher.  His  intelligence  as 
to  the  disposition  of  his  majesty,  the  ministry,  the  parliament  and 
the  nation  in  general,  was  deemed  the  most  authentic.  He  advi- 
sed us  to  keep  up  our  opposition,  to  resolve,  and  re-resolve,  to 
cherish  a  military  spirit,  uniformly  holding  up  this  idea,  that  if  w« 
continued  iirm,  we  had  nothing  to  fear  from  the  government  in 
England.  He  even  proposed  some  modes  of  opposition  himself. 
The  spirited  measures  were  always  ushered  into  the  house  with 
a  letter  from  him.  I  have  been  sometimes  almost  ready  to  sus- 
pect him  of  being  the  pnmum  mobile,  and,  that  like  the  man  be- 
hind the  curtain  at  a  puppet-shew,  he  was  playing  off  the  figures 
here  with  his  own  secret  wires,  if  he  advised  to  these  measures 
contrary  to  his  better  knowledge,  from  sinister  views,  and  to  serve 
a  private  purpose,  he  has  xnilfuliy  done  the  province  irrepairable 
injury.     However,  1  will  do  him  justice ;  he  enjoined  it  upon  us 


ii|l 


15d 


« i 


to  refrain  from  violence,  as  that  wouhl  unite  the  nation  against  ut ; 
and  I  am  rather  inclined  to  think  that  he  was  deceived  hiimelf, 
with  respect  to  the  measures  he  recommended,  as  he  has  already 
felt  the  resentment  of  that  very  ifoveniment,  which  he  told  us  there 
was  nothing  to  fear  from.  This  disposition  of  the  house  couhl 
not  have  produced  such  fatal  effects,  had  the  other  two  branches 
of  the  legislature  retained  their  constitutional  freedom  and  influ« 
ence.     They  might  have  been  a  sufficient  check. 

The  councellors  depended  upon  the  general  assembly  for  their 
political  existence;  the  whigs  reminded  the  council  of  their  mor- 
tality. If  a  councellor  opposed  the  violent  measures  of  the  whigs 
with  any  spirit,  he  lo«>t  his  election  the  next  May.  The  council 
consisted  pf  twenty-eight.  From  this  principle,  near  half  that 
number,  mostly  men  of  the  first  families,  note  and  abilities,  with 
every  possible  attachment  to  their  native  country,  and  as  far  from 
temptation  as  wealth  and  independence  could  remove  them,  were 
tumbled  from  their  seat^  in  disgrace.  Thus  the  board,  which  was 
intended  to  moderate  between  the  two  extremes  of  prerogative 
and  privilege,  lost  its  weight  in  the  scale,  and  the  political  balance 
of  the  province  was  destroyed. 

Had  the  chair  been  able  to  retain  its  own  constitutional  influ- 
ence, the  loss  of  the  board  would  have  been  less  felt ;  but  no 
longer  supported  by  the  board,  that  fell  likewise.  The  Governor 
by  the  charter  could  do  little  or  nothing  without  the  council.  If 
he  called  upon  a  military  officer  to  raise  the  militia,  he  was  an- 
swered, they  were  there  already.  If  he  called  upon  his  council 
for  their  assistance,  they  must  flrst  enquire  into  the  cause.  If  he 
wrote  to  government  at  home  to  strengthen  his  hands,  some  offi- 
cious person  procured  and  sent  back  his  letters. 

It  was  not  the  person  of  a  Bernard  or  Hutchinson  that  made 
them  obnoxious ;  any  other  governors  would  have  met  with  the 
same  fate,  had  they  discharged  their  duty  with  equal  fidelity  ;  that 
is,  had  they  strenuously  opposed  the  principles  and  practices  of  the 
whigs;  and  when  they  found  that  the  government  here  could  not 
support  itself,  wrote  home  for  aid  sufficient  to  do  it.  And  let  me  tell 
you,  had  the  intimations  in  those  letters,  which  you  are  taught  to 
execrate,  been  timely  attended  to,  we  had  now  been  as  happy  a 
people  as  good  government  could  make  us.  Gov.  Bernard  came 
here  recommended  by  the  affections  of  the  province  over  which 
he  had  presided.  His  abilities  are  acknowledged.  True  British 
honesty  and  punctuality  are  traits  in  his  character,  too  strongly 
marked  to  escape  the  eye  of  prejudice  itself.  We  know  Gov- 
ernor Hutchinson  to  be  amiable  and  exemplary  in  private  life. 
His  gpreat  abilities,  integrity  and  humanity  were  conspicuous,  in 
the  several  important  departments  that  he  tilled,  before  his  ap- 
pointment to  the  chair,  and  reflect  honour  on  his  native  country. 
But  his  abilities  and  integrity,  added  to  his  thorough  knowledge 
of  the  province,  in  all  its  interests  and  connexions,  wero.  insuffi- 
cient in  this  case.     The  constitution  itself  was  gone,  though  the 


i  ■■.i*,l 


i  M 


I'ii 


156 


:<|  ; 


i    !• 


i'.'  ii!;i 


i'  •'!! 


II 


"h 


nnciont  form  remained  ;  the  spirit  was  truly  republican.  He  «q- 
Henvourcd  to  reclaim  us  by  gentle  means.  He  strove  to  convince 
us  by  ar^fumcnts,  drawn  from  the  first  principles  of  government  { 
our  several  charters,  and  the  express  acknowledgments  of  our  an- 
/cestors,  that  our  claims  were  inconsistent  with  the  subordination 
due  to  Great  Britain  ;  and  if  persisted  in,  might  work  the  destruc- 
tion of  those  that  we  were  entitled  to.  For  this  he  was  cnHed  an  en- 
emy to  his  country,  and  set  up  as  a  mark  for  the  envenomed  ar- 
rows of  malice  and  party  rage.  Had  I  entertained  a  doubt  about 
its  being  the  governor,  and  not  the  man  that  was  aimed  at,  the 
admirable  facility  with  which  the  newspaper  abuse  was  transfer- 
red from  Gov.  Hutchinson  to  his  humane  and  benevotent  succes- 
sor. Gen.  Gage,  almost  as  soon  as  he  set  foot  on  our  shore,  would 
have  removed  it. 

Thus,  disaffection  to  Great  Britain  being  infused  into  the  body 
of  the  people,  the  subtle  poison  stole  through  all  the  veins  and 
arteries,  contaminated  the  blood,  and  destroyed  the  very  stamina 
of  the  constitution.  Had  not  the  courts  of  justice  been  tainted 
in  the  early  stages,  our  government  might  have  expelled  the 
virus,  purged  off  the  peccant  humors,  and  recovered  its  former 
vigour  by  its  own  strength.  The  judges  of  the  superior  court 
were  dependant  upon  the  annual  grants  of  the  general  court  for 
their  support.  Their  salaries  were  small,  in  proportion  to  the 
salaries  of  other  officers  in  the  government,  of  less  importance. 

They  had  often  petitioned  the  assembly  to  enlarge  them,  with- 
out success.  They  were  at  this  time  reminded  of  their  depend- 
ance.  However,  it  is  but  justice  to  say,  that  the  judges  remained 
unshaken,  amid  the  raging  tempests,  which  is  to  be  attributed 
rather  to  their  lirmness  than  situation.  But  the  spirit  of  the 
times  was  very  apparent  in  the  juries,  The  grand  jurors  were 
elective ;  and  in  such  places  where  libels,  xiots,  aod  insurrections 
were  the  most  frequent,  the  high  whigs  took  care  to  get  them* 
selves  chosen.  The  judges  pointed  out  to  them  the  seditious 
libels  on  governors,  magistrates,  and  the  whole  government  to  no 
effect.  They  were  enjoined  to  present  riots  and  insurrections,  of 
which  there  was  ample  evidence,  with  as  little  success. 

It  is  difficult  to  account  for  so  many  of  the  first  rate  whigs  beiqg 
returned  to  serve  on  the  petit  jury  at  the  term  next  after  extra- 
ordinary insurrections,  without  supposing  some  legerdemain  in 
drawing  their  nanfes  out  of  the  box.  It  is  certain  that  notwitb- 
standing  swarms  of  the  most  virulent  libels  infested  the  province, 
and  there  were  so  many  riots  and  insurrections,  scarce  one  offend- 
er was  indicted,  and  I  think  not  one  convicted  and  punished. 
Causes  of  meum  et  tuum  were  not  always  exempt  from  party  in- 
fluence. The  mere  circumstance  of  the  whigs  gaining  the  as- 
cendency over  the  tories,  is  trifling.  Had  the  whigs  divided  the 
province  between  them,  as  they  once  flattered  themselves  they 
should  be  flble  to  do,  it  would  have  been  of  little  consequence 
to  the  community,  had  they  not  cut  asunder  the  very  sinews  of 


\4.  ' 


!!1' 


157 


!ir> 


government,  flod  'broke  411  pieces  the  lig^mentn  of  social  life  in 
the  attempt.  I  will  mention  two  instances,  which  I  have  selected 
out  of  many,  of  the  weakness  of  our  pfovcrnment,  a«  they  ann 
recent  and  unconnected  with  acts  of  parlinment.  One  Ma1coln>,  a 
loyal  subject,  and  as  such  entitled  to  protection,  the  cveninf;^  be- 
fore the  last  winter  sessions  of  the  i>enerat  court,  wn*  dni^^^ed 
out  of  his  house,  stript,  tarred  and  feathered,  and  carted  several 
hours  in  the  severest  frost  of  that  winter,  to  the  utmost  haxard 
of  his  life.  He  was  carried  to  the  gallows  with  an  halter  about 
his  neck,  and  in  his  passage  to  and  from  the  gallows,  was  beaten 
with  as  cruel  f^ripes  as  ever  were  administered  by  the  hands  of  a 
savage.  The  whipping,  however,  kept  up  the  circulation  of  his 
blood,  and  saved  the  poor  man^s  life.  When  they  had  satiated 
their  malice,  they  dispersed  in  good  order.  This  was  transacted 
in  the  presence  of  thoosands  of  spectators ;  some  of  whom  were 
members  of  the  general  court.  Malcolnrs  life  was  despaired  of 
several  days,  but  he  survived  and  presented  a  memorial  to  the 
general  assembly,  praying  their  interposition.  The  petition  was 
read,  and  all  he  obtained  was  leave  to  withdraw  it.  So  that  be 
was  destitute  of  protection  every  hour,  until  he  left  the  country, 
as  were  thousands  beside,  until  the  arrival  of  the  king^s  troops. 
This  originated  from  a  small  fracas  in  the  street,  wherein  Malcolm 
struck,  or  threatened  to  strike  a  person  that  insulted  him,  with  a 
cutlass,  and  had  no  connection  with  the  quarrel  of  the  times,  un- 
less his  sustaining  a  small  post  in  the  customs  made  it. 

The  other  instance,  is  much  stronger  than  this,  as  it  was  total^ 
detached  from  politics.  It  had  been  suspected  that  infection  had 
been  communicated  from  an  hospital,  lately  erected  at  Marble- 
head,  for  the  purpose  of  innopulating  the  smalUpov,  to  the  tc  .n^s 
people.  This  ctiused  a  great  insurrection  ;  the  insurgents  burnt 
the  hospital ;  not  content  with  that,  threatened  the  proprietors, 
and  many  others,  some  of  the  first  fortunes  and  characters  in  the 
town,  with  burning  their  houses  over  their  heads,  and  continued 
parading  the  streets,  to  the  utmost  terror  of  the  inhabitants  sev- 
eral days.  A  massacre  and  general  devastation  was  apprehend(»!. 
The  persons  threatened,  armed  themselves,  and  petitioned  the 
general  assembly,  which  was  then  sitting,  for  assistance,  as  there 
was  little  or  no  civil  authority  in  the  place.  '  A  committee  was  or 
dered  to  repair  to  Marblehead,  report  the  facts,  and  enquire  into 
the  cause.  The  committee  reported  the  facts  nearly  as  stated  in 
the  petition.  The  report  was  accepted,  and  nothing  farther  done 
by  the  assembly.  Such  demonstrations  of  the  weakness  of  gov- 
ernment induced  many  persons  to  join  the  whigs,  to  seek  from 
them  that  protection,  which  the  constitutional  authority  of  the 
province  was  unable  to  afford. 

Government  at  home,  early  in  the  day,  made  an  effort  to  check 
us  in  our  career,  and  to  enable  us  to  recover  from  anarchy  with> 
out  her  being  driven  to  the  necessity  of  altering  our  provincial 
constitution,  knowing  the  predilection  that   people  always  have 


m 


•''mr 


i 


III  11  • 


158 


for  an  ancient  fomt  of  government.  The  judges  of  the  superior 
court  had  not  been  sta^ered,  though  their  feet  stood  in  slippery 
places,  they  depended  upon  the  leading  whigs  for  their  support. 
To  keep  them  steady,  they  were  made  independent  of  the  grant! 
of  the  general  assembly  :  but  it  was  not  a  remedy  any  way  ade- 
quate to  the  disease.  The  whigs  now  turned  their  artillery 
against  them,  and  it  played  briskly  The  chief  justice,  for  ac- 
cepting the  crown  grant,  was  accused  of  receiving  a  royal  bribe. 
Thus,  my  friends,  those  very  persons  that  had  made  you  be- 
lieve that  every  attempt  to  strengthen  government  and  save  our 
charter  was  an  infringement  of  your  privileges,  by  little  and  lit- 
tle destroyed  your  real  liberty,  subverted  your  charter  constitu- 
tion, abridged  the  freedom  of  the  house,  annihilated  the  freedom 
of  the  board,  and  rendered  the  governor  a  mere  doge  of  Venice. 
They  engrossed  all  the  power  of  the  provinee  into  their  own 
bands.  A  democracy  or  republic  it  has  been  called,  but  it  dc 
not  deserve  the  name  of  either  ;  it  was,  however,  a  despotic  a 
cruelly  carried  into  execution  by  mobs  and  riots,  and  more  incom- 
patible with  the  rights  of  qaankind,  than  the  enormous  monarch- 
ies of  the  East.  The  absolute  necessity  of  the  interposition  of 
parliament  is  apparent.  The  good  policy  of  the  act  for  regula- 
ting the  government  in  this  province,  will  be  the  subject  of  some 
future  paper.  A  particular  enquiry  into  the  despotism  of  the 
whigs  will  be  deferred  for  a  chapter  on  congresses.  I  shall  next 
ask  your  attention  to  a  transaction,  as  important  in  its  consequen- 
ces, and  perhaps  more  so,  than  any  1  have  yet  mentioned ;  I  mean 
the  destruction  of  the  tea,  belonging  to  the  East-India  company. 
I  am  sensible  of  the  difficulty  of  the  task,  in  combating  generally 
received  opinions.  It  is  bard  work  to  eradicate  deep-rooted  pre- 
judice. But  I  will  persevere.  There  are  hundreds,  if  not  thou- 
sands, in  the  province,  that  will  feel  the  truth  of  what  I  have 
written,  line  by  line  as  they  read  it,  and  as  to  those  who  obstinately 
shut  their  eyes  against  it  now,  haply  the  fever  of  the  times  may 
intermit,  there  may  be  some  lucid  interval,  when  their  minds  shall 
be  open  to  truth,  before  it  is  too  late  to  serve  them  ;  otherwise  it 
will  be  revealed  to  them  in  bitter  moments,  attended  with  keen 
remorse  and  unutterable  anguish.     Magna  est  Veritas  et  prevalebit. 

MASSACHUSETTENSIS. 


':k  s 


,r.  I 


159 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay^ 

January  2,  1775. 

Mr  DEAR  COUNTRYMEN, 

PERHAPS  by  this  time  some  of  you  may  enquire  who  it  is, 
that  suffers  his  pen  to  run  so  freely  ?  I  will  tell  you ;  it  is  a  native 
of  this  province,  that  knew  it  before  many  that  are  now  basking 
in  the  rays  of  political  sunshine,  had  a  being.  He  was  favored 
not  by  whigs  or  tories,  but  the  people,  with  such  a  stand  in  the 
community,  as  that  he  could  distinctly  see  all  the  political  manoeu- 
vres of  the  province.  He  saw  some  with  pleasure,  others  with 
pain.  If  he  condemns  the  conduct  of  the  whigs,  he  does  not  al- 
ways approve  of  the  conduct  of  the  tories.  He  dwells  upon  the 
misconduct  of  the  former,  because  we  are  indebted  to  that  for 
bringing  us  into  this  wretched  slate^  unless  the  supineuess  .of  the 
latter,  at  some  periods,  and  some  impolitic  efforts  to  chfck  the 
whigs  in  their  career,  at  others,  that  served  like  adding  fuel  to 
the  fire,  ought  to  be  added  to  the  account.  He  is  now  repaying 
your  favors,  if  he  knows  his  own  heart,  from  the  purest  gratitude 
and  the  most  undissembled  patriotism,  which  will  one  day  be  ac- 
knowledged. I  saw  the  small  seed  of  sedition,  when  it  was  im- 
planted; it  was,  as  a  grain  of  mustard.  I  have  watched  the  plant 
until  it  has  become  a  great  tree  ;  the  vilest  reptiles  that  crawl 
upon  the  earth,  are  concealed  at  the  root ;  the  foulest  birds  of 
the  air  rest  upon  its  branches.  I  now  would  induce  you  to  go  to 
work  immediately  with  axes  and  hatchets,  and  cut  it  down,  for  a 
twofold  reason  ;  because  it  is  a  pest  to  society,  and  lest  it  be  felled 
suddenly  by  a  stronger  arm  and  crush  its  thousands  in  the  fall. 

An  apprehension  of  injustice  in  the  conduct  of  Great  Britain 
towards  us,  1  have  already  told  you  was  one  source  of  our  misery. 
Last  week  I  endeavoured  to  convince  you  of  the  necessity  of  her 
regulating,  or  rather  establishing  some  government  amongst  u&. 
I  am  now  to  point  out  the  principles  and  motives  upon  which  the 
blockade  act  was  made.  The  violent  attack  upon  the  property  of 
the  East-India  companv^  in  the  destruction  of  their  tea,  was  the 
cause  of  it.  In  order  to  form  a  right  judgment  ot  that  tiansaction, 
it  is  necessary  to  go  back  and  view  the  cause  of  its  being  sent 
here.  As  the  government  of  England  is  mixt,  so  the  spirit  '>r  ge- 
nius of  the  nation  is  at  once  monarchial,  aristocratical,  democrnt- 
ical,  martial  and  commercial.  It  is  difficult  to  determine  which  is 
the  most  predominant  principle,  but  it  is  worthy  of  remark,  that, 
to  injure  the  Britn^h  nation  upon  either  of  these  points,  is  like  in- 
juring a  Frenchman  m   the  point  of  honor      Comm»Mrp  is  th« 


m 


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160 


great  source  of  national  wealth  ;  for  this  reason  it  is  cherished  by 
all  orders  of  men  from  the  palace  to  the  cottage.  In  some  coun- 
tries, a  merchant  is  held  in  contempt  hj  the  nobles  ;  in  England 
they  respect  him.  He  rises  to  hij^h  honors  in  the  state,  often 
contracts  alliances  with  the  tirst  families  in  the  king>dom,  and  no- 
ble blood  flows  in  the  veins  of  his  posterity.  Trade  is  founded 
upon  persons  or  countries  mutually  supplying  each  other  with 
their  redundances.  Thus  none  are  impoverished,  all  enriched, 
the  asperities  of  human  life  worne  away,  and  mankind  made  hap- 
pier by  it.  Husbandry,  manufacture  and  merchandize  are  its  tri- 
ple support ;  deprived  of  either  of  these,  it  would  cease. 

Agriculture  is  the  natural  livelihood  of  a  country  but  thinly  in- 
habited, as  arts  and  manufactures  are  of  a  populous  one.  The 
hig^i  price  of  labour  prevents  manufactures  being  carried  on  to 
advantage  in  the  fn-st,  scarcity  of  soil  obliges  the  inhabitants  to 
pursue  them  in  the  latter.  Upon  these,  iind  considerations  ari- 
King  from  the  fertility  and  produce  of  different  climates,  and  siich 
like  principles,  the  grand  system  of  the  British  trade  is  founded. 
The  collected  wisdom  of  the  nation  has  alw?ys  been  attentive  to 
this  great  point  of  policy,  that  the  national  trade  might  be  so  bal- 
anced and  poised,  as  that  each  part  of  her  extended  dominions 
mipfht  be  benefitted,  and  the  whole  concenir'  'o  the  good  of  the 
umpire.     This  evinces  the  necessity  of  acts  k     "  sjulating  trar  \ 

To  prevent  one  part  of  the  empire  being  enriched  at  the  ex- 
pence  and  to  the  impoverishing  of  another,  checks,  restrictions, 
and  sometimes  absolute  prohibitions  are  necessary.  These  are 
imposed  or  taken  off  as  circumstances  vary.  To  carry  the  acte 
of  trade  kito  execution,  many  officers  are  necessary.  Thus,  we 
see  a  number  of  custom-house  officers,  so  constituted  as  to  bo 
rhecks  and  controuls  upon  es^ch  other,  and  prevent  their  swerv- 
ing from  their  duty,  should  they  be  tempted,  and  a  board  of  com- 
missioners appointed  to  superintend  the  wiiole,  like  the  commis- 
sioners of  the  customs  in  Ei»gland.  Hence  also  arise**  the  necef- 
sity  of  courts  of  admiralty. 

The  laws  and  regulations  of  trade,  are  esteemed  in  hlngland,  a*^ 
sacred.  An  estate  made  by  smuggling  or  pursuing  an  illicit  tiade, 
is  there  looked  upon  as  tilthy  lucre,  as  monies  amassed  by  gaming. 
and  upon  the  same  principle,  becisuse  it  is  obtained  at  the  er*pnuc^ 
and  often  ruin  of  others.  Tb*'  smuggler  not  only  injures  tiie  puu- 
lic,  but  often  ruins  the  fair  trader. 

The  great  extent  of  sea-cba^t,  many  harbours,  the  variety  oi' 
islands,  the  numerous  creeks  and  navigable  rivers,  afford  th*-  great- 
est opportunity  to  drive  an  illicit  trade,  in  these  colonn's,  wthout 
detection.  This  advantage  has  not  been  overlooked  by  "he  avar- 
icious, and  many  persons  seem  to  have  set  the  i*ws  u!  i»»a{i^  at 
defiance.  This  accounts  for  so  many  new  -.-egulau^^*  veing  made, 
new  officers  appointed,  and  ships  of  war,  troio  time  i^  timo,  station- 
ed along  the  continent.  The  way  to  HoUam  and  back  again  is 
well  known,  and  by  much  the  greatest  p»rt  oJ    the  te»  that  \y.\* 


lei 


been  drank  in  America  for  several  years,  has  been  imported  (tovi 
thence  and  other  places,  in  direct  violation  of  law.     By  this  thef 
smu^iers  have  amassed  great  estates,  to  the  prejudice  of  the  fair 
trader.     It  was  sensibly  felt  by  the,  East-India  company  ;  they, 
were  prohibited  from  exporting  their  teas  to  America,  and  were 
obliged  to  sell  it  at  auction  in  London  ;  the  London  merchant  pur- 
chased it,  and  put  4  profit  upon  it  when  he  shipt  it  for  America  ; 
the  American  merchant,  in  his  turn,  put  a  profit  upon  it,  and  after 
him  the  shopkeeper;  so  that  it  came  to  the  consumer's  hands,  at  a 
tery  advanced  price.     Such  quantities  of  tea  were  annually  smug- 
gled that  it  was  scarcely  worth  while  for  the  American  merchant 
to  import  tea  from  England  at  all.     Some  of  the  principal  trading 
towns  in  America  were  wholly  supplied  with  thjs  commodity  by 
smuggling  ;   Boston  however  continued  to  import  it,  until  advice 
was  received  that  the  parliament  had  it  in  contemplation  to  pei-. 
mit  the  East-India  company  to  send  their  tea*^  directly  to  America. 
The    Boston    merchants   then  sent  their  orders  conditionally  to 
their  correspondents  in  England,   to  have  tea  shipt  for  them  in 
ease  the  East-India  company's  tea  did  not  come  out ;   one  mer- 
chant, a  g^eat  whig,  had  such  an  order  lying  in  Engjiai^d  for  sixty 
chests,  on  his  own  account,  when  the  company's  tea.  was  sent- 
An  act  of  parliament  was  made  to  enable  the  East-India  company 
to  send  their  tea  directly  to  America,  and  sell  it  at  auction  there, 
not  with  a  view  of  raising  a  revenue  from  the  three  penny  duty, 
but  to  put  it  out  of  the  power  of  the  smugglers  to  injure  them  by 
their  infamous  trade.     We  have  it  from  good  authority,  that  the 
revenue  was  not  the  consideration  before  parliament,   and  it  is 
reasonable  to  suppose  it ;  for  had  that  been  the  point  in  view,  it 
was  only  to  restore  the  former  regulation,  which   waa  then  al- 
lowed to  be  constitutional,  and  the  revenue  would  have  been  res- 
pectable.    Had  this  new  regulation  taken  effect,  the  people  in 
America  would  have  been  great  gainers.     The  wholesale  mer- 
chant might  have  been  deprived  of  some  of  his  gains ;    but  the 
retailer  would  have  supplied  himself  with  this  article,  directly: 
from  the  auction,  and  the  consumer  reap  the  benefit,  as  tea  would 
have  been  sold  under  the  price  that  had  been  usual,  by  near  one 
half.     Thus  the  country  in  general  would  have  been  great  gain- 
ers, the  East-India  company  secured  in  supplying  the  American 
market  with  this  article,  which  they  are  entitled  to  by  the  laws 
of  trade,  and  smuggling  suppressed,  at  \eant  as  to  tea.     A  smug- 
gler and  a  whig  are  cousin  germans,  the  offspring  of  two  sisters, 
avarice  and  ambition.      They  had  been  playing  into  each  others 
hands  a  long  time.     The  smuggler  received  protection  from  the 
whig,  and  he  in  his  turn  received  support  from    the    smuggler. 
The  illicit  trader  now  demanded  protection  from  his  kinsman,  and 
it  would  have  been  unnatural  in  him  to  have  refused  it ;  and  be 
side,  an  opportunity  presented  of  strengthening  his  own  interest. 
The  consignees  were  connected  with  the  toiies,  and  that  was  a 
further  stimulus.     Accordingly  the  preat  w&f  again  set  to  work, 

21 


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and  the  old  stor^  repeated  with  addition  about  monopolies,  and 
many  infatuated  persons  once  more  wrought  up  to  a  proper  pitch 
to  carry  into  execution  any  violent  measures,  that  their  leaden 
should  propose.  A  hold  stroke  was  resolved  upon.  The  whigs, 
though  they  had  got  the  art  of  managing  the  people,  had  too  mnco 
sense  to  be  ignorant  that  it  was  nil  a  mere  finesse,  not  only  with- 
out, but  directly  repugnant  to  law,  constitution  and  government, 
and  could  not  last  always.  They  determined  to  put  all  at  hazard, 
and  to  be  aut  Coesar  aut  nulhts.  The  approaching  storm  was  fore- 
seen, and  the  first  ship  that  ariived  with  the  tea,  detained  below 
Castle  William.  A  body  meeting  was  assembled  at  the  old  south 
meeting-house,  which  has  great  advantage  over  a  town  meeting;, 
as  no  law  has  yet  ascertained  the  qualitication  of  the  voters ;  each 
person  present,  of  whatever  age,  estate  or  country^  may  take  tjie 
liberty  to  speak  or  vote  at  such  an  assembly  ;  apd  that  might 
serve  as  a  screen  to  the  town  where  it  originated,  in  case  el  any 
disastrous  consequence.  The  body  meeting  consisting  of  several 
thousands,  being  thus  assembled,  with  the  leading  whigs  at  itM 
head,  in  the  first  place  sent  for  the  owner  of  the  tea  ship,  and  re- 
quired him  to  bring  her  to  the  wharf,  upon  pain  of  their  displea- 
sure ;  the  ship  was  accordingly  brought  up,  and  the  master  was 
obliged  to  enter  at  the  custom  house.  He  reported  the  tea,  after 
which  twenty  days  are  allowed  for  landing  it  and  paying  the  diity. 
The  next  step  was  to  resolve.  They  resolved  that  the  tea 
should  not  be  lan<led  nor  the  duty  paid,  that  it  should  go  home  in 
the  same  bottom  that  it  came  in,  &c.  &c.  This  was  the  same  as 
resolving  to  destroy  it,  for  as  the  ship  had  been  compelled  to  come 
to  the  wharf,  and  was  entered  at  the  custom  house,  it  could  not, 
by  law,  be  cleared  out,  without  the  duties  being  first  paid,  nor 
rould  the  governor  grant  a  permit  for  the  vessel  to  pass  Castle 
William,  without  a  certificate  from  the  custom  house  of  suchclear- 
nnce,  consistent  with  his  duty.  The  body  accordingly,  ordered  a 
military  guard  to  watch  the  ship  every  night  until  ^rther  orders. 
The  consignees  had  been  applied  to,  by  the  selectmen,  to  send  the 
tea  to  England,  they  answered  that  they  could  not ;  for  if  they  did, 
it  would  be  forfeited  by  the  acts  of  trade,  and  they  should  be  lia- 
ble to  make  good  the  Iqss  to  the  East  India  company.  Some  of 
the  consignees  were  mobbed,  and  all  were  obliged  to  fly  to  the 
castle,  and  there  immure  themselves.  They  petitioned  the  gov- 
ernor and  council  to  take  the  property  of  the  East  India  company 
under  their  protection.  The  council  declined  being  concerned  in 
it.  The  consignees  then  offered  the  body  to  store  the  tea  under 
the  care  of  the  selectmen  or  a  committee  of  the  town  of  Boston, 
and  to  have  no  further  concern  in  the  matter  until  they  could  send 
to  England,  and  receive  further  instructions  from  their  principals. 
This  was  refused  with  disdain.  The  military  guard  was  regular- 
ly kept  in  rotation  till  the  eve  of  the  twentieth  day,  when  the  du- 
ties must  have  been  paid,  the  tea  landed,  or  be  liable  to  seizure  ; 
then  the  military  guard  was  withdrawn,  or  rather  omitted  being 


",;  .1 


163 


p'oatedi  and  a  number  of  persons  in  disguise,  forcibly  entered  the 
•hips,  (three  being  by  this  time  arrived)  split  open  the  chests,  and 
einpfied  all  the  tea,  being  of  10,000/.  sterling  value,  into  the  dock, 
and  perfumed  the  town  with  its  fragrance.  Anotlier  circumstance 
ought  not  to  be  omitted :  the  afterroon  before  the  destruction  ot 
the  tea,  the  body  sent  the  owner  of  one  of  the  ships  to  the  gov- 
ernor to  demand  a  pass ;  he  answered,  that  he  would  as  soon  give 
a  pass  for  that  as  any  other  vessel,  if  he  had  the  proper  certiticate 
from  the  custom  house  ;  without  which  he  could  not  give  a  pasii 
for  any,  consistent  with  his  duty.  It  was  known  that  this  would 
be  the  answer,  when  the  message  was  sent,  and  it  was  witli  the 
utmost  difficulty  that  the  body  were  kept  together  till  the  mes- 
senger returned.  When  the  report  was  made,  a  shout  was  set  up 
in  the  galleries  and  at  the  door,  and  the  meeting  immediately  dis- 

gersed.  The  governor  had,  previous  to  this,  sent  a  proclamation 
y  the  sheriff,  commanding  the  body  to  disperse  ;  they  permitted 
it  to  be  read,  and  answered  it  with  a  general  hiss.  These  are 
the  facts,  as  truly  and  fairly  stated,  as  I  am  able  to  state  them. 
The  ostensible  reason  for  this  conduct,  was  the  tea's  being  sub- 
ject to  the  three-penny  duty.  Let  us  take  the  advocates  for  this 
transaction  upon  their  own  principle,  and  admit  the  duty  to  be  un- 
constitutional, and  see  how  the  ai^ument  stands.  Here  is  a  car- 
go of  tea  subject  upon  its  being  entered  and  landed,  to  a  duty  of 
three-pence  per  pound,  which  is  paid  by  the  East  India  company 
or  by  their  factors,  which  amounts  to  the  same  thing.  Unless  we 
purchase  the  tea,  we  shall  never  pay  the  duty  ;  if  we  purchase  it, 
we  pay  the  three-pence  included  in  the  price  :  therefore,  lest  we 
should  purchase  it,  we  have  a  right  to  destroy  it.  A  tlimsy  pre- 
text !  and  either  supposes  the  people  destitute  of  virtue,  or  that 
their  purchasing  the  tea  was  a  matter  of  no  importance  to  the 
community ;  but  even  this  gauze  covering  is  stript  off,  when  we 
consider  that  the  Boston  merchants,  and  some  who  were  active  at 
the  body  meeting,  were  every  day  importing  from  England,  lai^e 
quantities  of  tea  subject  to  the  same  duty  and  vending  it  unmolest- 
ed ;  and  at  this  time  had  orders  lying  in  their  correspondent's 
hands,  to  send  them  considerable  quantities  of  tea,  in  case  the  East- 
India  company  should  not  send  it  themselves. 

When  the  news  of  this  transaction  arrived  in  England,  and  it 
was  considered. in  what  manner  almost  every  other  regulation  of 
trade  had  been  evaded  by  artitice,  and  when  artitice  could  no  long- 
er serve^  recourse  was  had  to  violence  ;  the  British  lion  was  rou- 
sed. The  crown  lawyers  were  called  upon  for  the  law  ;  they 
answered,  high  treason.  Had  a  Cromwell,  whom  some  amongst 
us  deify  and  imitate  in  all  his  imitable  perfections,  had  the  gui- 
dance of  the  national  ire,  unless  compensation  had  been  made  to 
the  sufferers  immediately  upon  its  being  demanded,  your  ^ui.ud 
capital  had  been  levelled  with  the  dust ;  not  content  with  timt, 
rivers  of  blood  would  have  been  shed  to  make  atonement  for  the 
injured  honor  of  the  nation.     It  was  debated   whether  to  attaint 


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164 


the  principals  of  treason.  We  have  a  gracious  king  up«n  t)i$ 
throne  ;  he  felt  the  resentment  of  a  man,  softened  by  the  relent- 
ings  of  a  parent.  The  bowels  of  our  mother  country  yearned 
towards  her  refractory,  obstinate  child. 

It  was  determined  to  consider  the  offence  in  a  milder  light,  and 
to  compel  an  indemniiication  for  the  sufferers,  and  prevent  the 
like  for  the  future,  by  such  means  as  would  be  mild,  compared  with 
the  insuii  to  the  nation,  or  severe,  as  our  future  conduct  should 
be  ;  that  was  to  depend  upon  us.  Accordingly  the  blockade  act 
was  passed,  and  had  an  act  of  justice  been  done  in  indemnifying 
the  sufferers,  and  an  act  of  loyalty  in  putting  a  stop  to  seditious 
practices,  our  port  had  long  since  been  opened.  This  act  has  been 
called  unjust,  because  it  involves  the  innocent  in  the  same  pre- 
dicament with  the  guilty  ;  but  it  ought  to  be  considered,  that  pur 
newspapers  had  announced  to  the  world,  that  several  thou|andiB 
attended  those  body  meetings,  and  it  did  not  appear  that  there  wa|^ 
one  dissentient,  or  any  protest  entered.  1  do  not  know  how  a  per- 
eon  could  expect  distinction,  in  such  a  case,  if  he  neglected  to  distin- 
guish himself.  When  the  noble  lord  proposed  it  in  the  house  of 
commons,  he  called  upon  all  the  members  present,  to  mention  a 
better  method  of  obtaining  justice  in  this  case  ;  scarce  one  denied 
the  necessity  of  doing  something,  but  none  could  mention  a  more 
eligible  way.  Even  ministerial  o^>position  was  abashed.  If  any 
parts  of  the  act  strike  us,  like  the  severity  of  a  master,  let  us  cool- 
ly advert  to  the  aggravated  insult,  and  perhaps  we  shall  wonder 
at  the  lenity  of  a  parent.  Afler  this  tran^ction,  all  parties  seem 
to  have  lain  upon  their  oars,  waiting  to  see  what  parliament  would 
do.  When  the  blockade  act  arrived,  many  and  many  were  desir- 
ous of  paying  for  the  tea  immediately,  ind  some  who  were  guilt- 
less of  the  crime,  offered  to  contribute  to  the  compensation ;  but 
our  leading  whigs  n^ust  still  rule  the  roast,  and  that  inauspicious 
influence  that  had  brought  us  hitherto,  plunged  us  still  deeper  in 
misery.  The  whigs  saw  their  ruin  connected  with  a  compliance 
with  the  terms  of  opening  the  port,  as  it  wodld  furnish  a  convin- 
cing proof  of  the  wretchedness  of  their  policy  in  the  destruction 
of  the  tea,  and  they  might  justly  have  been  expected  to  pay  the 
money  demanded  themselves,  and  set  themselves  industriously  to 
work  to  prevent  it,  and  sngage  the  other  colonies  to  espouse  their 
cause. 

This  was  a  crisis  too  important  and  alarming  to  the  province  to 
be  neglected  by  its  friends.  A  number  of  as  respectable  persons 
as  any  in  this  province,  belonging  to  Boston,  Cambridge,  Salem 
and  Marblehead,  now  came  forward,  publicly  to  disavow  the  pro- 
ceedings of  the  whigs,  to  do  justice  to  the  much  injured  character 
of  Mr.  Hutchinson,  and  to  strengthen  his  influence  at  the  court  of 
Great  Britain,  where  he  was  going  to  receive  the  well  deserved 
plaudit  of  his  sovereign,  that  he  might  be  able  to  obtain  a  repeal 
or  some  mitigation  of  that  act,  the  terms  of  which  they  foresaw, 
♦the  perverseness  of  the  whigs  would  prevent  a  compliance  with. 


n.  : 

m 


ill 

.Jl ) 


165 


with. 


Thii  was  done  by  several  addresses,  which  were  subscribed  by  ap> 
wards  of  two  hundred  persons,  and  would  have  been  by  many 
more,  had  not  the  sudden  embarkation  of  Mr.  Hutchinson  prevent* 
ed  it.  The  justices  of  the  court  of  common  pleas  and  general  ses- 
sions of  the  peace  for  the  county  of  Plymouth,  sent  their  address 
to  him  in  England.  There  were  some  of  almost  all  orders  of  men 
among  these  addressers,  but  they  consisted  principally  of  men  of 
property,  large  family  connections,  and  several  were  independent 
in  their  circumstances,  and  lived  wholly  upon  the  income  of  their 
estates.  Some  indeed  might  be  called  partizans ;  but  a  very  con* 
siderable  proportion  were  persons  that  had  of  choice  kept  them- 
selves  at  a  distance  from  the  political  vortex  ;  had  beheld  the  com-> 
petion  of  the  whigs  and  tories  without  any  emotion,  while  the 
community  remained  safe  ;  had  looked  dowi^on  the  political  dance 
in  its  various  mazes  and  intricacies,  and  saw  one  falling,  <moiher 
rising,  rather  as  a  matter  of  amusement ;  but  when  they  saw  the 
capital  of  the  province  upon  the  point  of  bein;^  sacrificed  by  po-^ 
litical  cunning,  it  called  up  all  their  feelings. 

Their  motives  were  truly  patriotic.  Let  us  now  attend  to  the 
ways  and  means  by  which  the  whigs  prevented  these  exertions 
producing  such  effects.  Previous  to  this,  a  new,  and  until  lately, 
unheard  of,  mode  of  opposition  had  been  devised,  said  to  be  the 
ipvention  of  the  fertile  brain  of  one  of  our  party  agents,  called  a 
committee  of  correspondence.  This  is  the  foulest,  subtlest,  and 
ipost  venemous  serpent  that  ever  issued  from  the  eggs  of  sedition. 
These  committees  generally  consist  of  the  highest  whigs,  or  at 
least  there  is  some  high  whig  upon  them,  that  is  the  ruling  spirit 
«f  the  whole.  They  are  commonly  appointed  at  thin  town  meet- 
ings, or  if  the  meetings  happen  to  be  full,  the  moderate  men  sel- 
dom speak  or  act  at  all,  when  this  sort  of  business  comes  on. 
They  have  been  by  much  too  modest.  Thus  the  meeting  is  often 
prefaced  with,  '•^  at  a  full  town  meeting,"  and  the  several  resolves 
headed  with  nem.  con.  with  strict  truth,  when  in  fact,  but  a 
small  proportion  of  the  town  have  had  a  hand  in  the  matter.  It 
is  said  that  the  committee  for  the  town  of  Boston  was  appointed 
for  a  special  purpose,  and  that  their  commission  long  since  expir-^ 
ed.  However  that  may  be,  these  committees  when  once  estab- 
lished, think  themselves  amenable  to  none,  they  assume  a  dictato- 
rial style,  and  have  an  opportunity  under  the  apparent  sanction  of 
their  several  towns,  of  clandestinely  wreaking  private  revenge 
on  individuals,  by  traducing  their  characters,  and  holding  them  up 
as  enemies  to  their  country,  wherever  they  go,  as  also  of  misrep- 
resenting facts  and  propagating  sedition  through  the  country. 
Thus,  a  man  of  principle  and  property,  in  travelling  through  the 
country,  would  be  insulted  by  persons,  whose  faces  he  had  never 
before  seen  ;  he  would  often  feel  the  smart  without  suspecting  the 
hand  that  administered  the  blow.  These  committees,  as  they  are 
not  known  in  law,  and  can  derive  no  authority  from  thence,  lest 
t)iey  should  not  get  their  share  of  power,  sometimes  engross  it 


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all ;  they  frequently  erect  themselves  into  a  tribunal,  where  the 
same  persons  are  at  once  legislators,  accusers,  witnesses,  judges, 
and  jurors,  and  the  mob  the  executioners.  The  accused  has  no 
day  in  court,  and  the  execution  of  the  sentence  is  the  first  notice 
he  receives.  This  is  the  channel  through  which  liberty  matters 
have  been  chiefly  conducted  the  summer  and  fall  past.  This  ac- 
counts for  the  same  distempers  breaking  out  in  different  pwts  of 
the  province,  at  one  and  the  same  time,  which  might  be  attributed 
to  something  supernatural,  by  those  that  were  unacquainted  with 
the  secret  conductors  of  the  infection.  It  is  chiefly  owing  to  these 
committees,  that  so  many  respectable  persons  have  been  abused, 
apd  forced  to  sign  recantations  and  resignations ;  that  so  many 
persons,  to  avoid  such  reiterated  insults,  as  are  more  to  be  depre- 
cated by  a  man  of  sentiment  than  death  itself,  have  been  obliged 
to  quit  their  houses,  families,  and  business,  and  fly  to  the  army 
for  protection ;  that  husband  has  been  separated  from  wife,  father 
from  son,  brother  from  brother,  the  sweet  intercouse  of  conjugal 
and  natural  aSectioa  interrupted,  and  the  unfortunate  refugee  for- 
ced to  abandon  all  the  comforts  of  domestic  life.  My  countrymen, 
I  beg  you  to  pause  and  reflect  ou  this  conduct.  Have  not  these 
people,  that  are  thus  insulted,  as  good  a  right  to  think  and  act  for 
themselves  in  matte  ra  of  the  last  importance,  as  the  whigs  ?  Are 
they  not  as  closely  connected  with  the  interest  of  their  country 
as  the  whigs  ?  Do  not  their  former  lives  and  conversations  ap- 
pear to  have  been  regulated  by  principle,  as  i^uch  as  those  of  the 
whigs  ?  You  must  answer,  yes.  Why,  then,  do  you  sufier  them 
to  be  cruelly  treated  for  difiering  in  sentiment  from  you  ?  Is  it 
consistent  with  that  liberty  you  profess  ?  I^et  us  wave  the  con- 
sideration of  right  and  liberty,  and  see  if  this  conduct  can  be  rec- 
onciled to  good  policy.  Do  you  expect  to  make  converts  by  it  ? 
Persecution  has  the  same  efiect  in  politics,  that  it  has  in  religion ; 
it  confirms  the  sectary.  Do  you  wish  to  silence  them,  that  the 
inhabitants  of  the  province  may  appear  unanimous  ?  The  mal- 
treatment they  receive,  for  difiering  from  you,  is  undeniable  evi- 
dence that  we  are  not  unanimous.  It  may  net  be  amiss  to  consid- 
er, that  this  is  a  changeable  world,  and  time's  rolling  wheel  may 
ore  long  b  ing  them  uppermost ;  in  that  case  I  am  sure  you  would 
not  wish  to  have  them  fraught  with  resentment,  it  is  astonishing, 
my  friends,  that  those  who  are  in  pursuit  of  liberty,  should  ever 
sufier  arbitrary  power,  in  such  an  hideous  form  and  squalid  hue, 
to  get  a  footing  among  them.  I  appeal  to  your  good  sense ;  I 
know  you  have  it,  and  hope  to  penetrate  to  it,  before  1  have  fin- 
ished my  publications,  notwithstanding  the  thick  atmosphere  that 
aow  envelopes  it.  But  to  return  from  my  digression,  the  commit- 
tee of  correspondence  represented  the  destruction  of  the  tea  in 
their  own  way  ;  they  represented  those  that  addressed  Gov.  Hutch- 
inson, as  persons  of  no  note  or  property,  as  mean,  base  wretches, 
and  seekers  that  had  been  sacriticing  their  country  in  adulation 
of  him.     Whole  nations  have  worshipped  the  rising,  but  if  this  be 


„1 


167 


an  instanct,  it  is  the  only  6ne  of  people's  worshippiog  the  setting 
sun.  By  this  means  the  humane  and  benevolent,  in  various  parts 
of  the  continent,  were  induced  to  advise  us  net  to  comply  with  the 
terms  for  opening  our  p6rt,  and  engage  to  relieve  us  with  their 
charities,  from  the  distress  that  must  ouerwise  fall  upon  the  poor. 
Their  charitable  iQtentions  ascend  to  heaven,  like  mcense  from 
the  altar,  in  sweet  memorial  before  the  throne  of  God ;  but  their 
donations  came  near  proving  fatal  to  the  province.  It  encouraged 
the  whigs  to  persevere  in  injustice,  and  has  been  the  means  of  se- 
ducing  many  an  honest  man  info  the  commission  of  a  crime,  that 
he  did  not  suspect  himself  capable  of  being  guilty  of.  What  I 
have  told  you,  is  not  the  mere  suggestions  of  a  speculatist ;  there 
are  some  mistakes  as  to  numbers,  and  there  may  be  some  as  to 
time  and  place,  partly  owing  to  miscopying,  and  partly  to  my  not 
always  having  had  the  books  and  papers  necessary  to  greater  ac- 
curacy, at  hand ;  but  the  relation  of  facts  is  in  substance  true« 
I  had  almost  said,  as  holy  writ.  1  do  not  ask  yon  to  take  the  truths 
of  them  from  an  anonymous  writer.  The  evidence  of  most  of 
them  is  within  your  reach ;  examine  for  yourselves.  I  promise 
that  the  benefit  you  will  reap  therefi^m  will  abundantly  pay  vou, 
for  the  tretible  of  the  research ;  you  will  find  I  have  faithfully 
unriddled  the  whole  mystery  of  our  political  iniquity.  I  do  not 
address  myself  to  whigs  or  tories,  but  to  the  whole  people.  I 
know  you  well.  You  are  loyal  at  heart,  friends  to  good  order, 
and  do  violence  to  yourselves  in  harboring,  one  moment,  disres- 
pectful sentiments  towards  Great  Britain,  the  land  of  our  forefa- 
thers' nativity,  and  sacred  repository  of  their  bones ;  but  you  have 
been  most  insidiously  inducf^d  to  believe  that  Great  Britain  is  ra- 
pacious, cruel,  and  vindictive,  and  envies  us  the  iiheritance  pur- 
chased by  the  sweat  and  blood  of  our  ancestors.  Could  that 
'  thick  mist,  tuat  hovers  over  the  land  and  involves  in  it  more  than 
Egyptian  darkness,  be  but  once  dispelled,  that  you  might  see  our 
Sovereign,  the  provident  father  of  all  his  people,  Ind  Great  Brit- 
ain a  nursing  mother  to  these  colonies,  as  they  really  are,  long  live 
our  gracious  king,  and  happiness  to  Britain,  would  resound  from 
One  end  of  the  provice  to  the  other. 

MASSACHUSETTENSIS. 


'»; 


".hii 


m' 


TT 


I'l 


•lii 


fill 

-m 


•'I 


■1 


iiv;i: 


I  i  ^'1 


16d 


ADDRESSED 

^To  Ihe  InhabitantB  of  the  Province  o/Massachusetts  Baiff 


January  9,  1775. 


mr   DEAR   COVNTRYMEUr, 

SOME  of  you  may  perhaps  suspect  that  I  have  heen  wantonly 
scattering  firebrand<i,  arrows,  aqd  death,  to  gratify  a  malicious 
and  revengeful  disposition.  Th'r  truth  is  this.  I  bad  seen  many 
excellent  detached  pieces,  but  could  see  no  pen  at  work  to  trace 
our  calamity  to  its  source,  and  point  out  the  many  adventitious  aids, 
that  conspired  to  raise  it  to  its  present  height,  though  I  impatient- 
ly expected  it,  being  fully  convinced  that  you  wait  only  to  know 
tiie  true  itate  of  facts,  to  rectify  whatever  is  amiss  in  the  province, 
without  Any  foreign  assistance.  Others  may  be  induced  to  think, 
that  I  grudge  tbe  industrious  poor  of  Boston  their  scantlings  of 
charity.  I  will  issue  a  brief  in  their  favour.  The  opulent,  be 
their  political  siehtimentt^  what  they  may,  ought  to  relieve  them 
from  their  sufft^rings,  and  those  who,  by  former  donations,  have 
been  the  innocent  cause  of  protracting  their  sufferings,  are  under 
«  tenfold  obligtition  to  assist  them  now  ;  and  at  the  same  time  to 
,  inake  the  mosf  explicit  declarations,  that  they  did  not  intend  to 
promote,  nor  ever  will  join  in  rebellion  Great  allow.nnces  are 
to  be  made  for  the  crossings,  windings,  and  tergiversations  -^f  9, 
politician  ;  he  is  a  cunning  animal,  and  as  government  is  said  to  be 
founded  in  opinion,  his  tricks  may  be  a  part  of  the  arcana  imperii. 
Had  our  politicians  confined  themselves  within  any  reasonable 
bounds,  I  never  should  have  molested  them  ;  but  when  I  became 
^atisfied^  that  many  innocent,  unsuspecting  persons  were  in  dan- 
ger of  bring  seduced  to  their  utter  ruin,  and  the  province  of 
Massachusetts  Bny  in  danger  of  being  drenched  with  blood  and 
carnage,  I  <:ouId  restrain  my  emotions  no  longer ;  and  having 
once  broke  the  bands  of  natural  reserve,  was  determined  to  probe 
the  sore  to  the  bottom,  though  I  was  sure  to  touch  the  quick.  It 
is  very  foreign  from  my  intentions  to  drawdown  the  vengeance  of 
Great  Britain  upon  the  whigs ;  they  are  too  valuable  a  part  of  the 
community  to  lose,  if  they  will  permit  themselves  to  be  saved. 
I  wish  nothing  worse  to  the  highest  of  them,  than  that  they  may 
be  deprived  of  their  influence,  till  such  time  as  they  shall  have 
changed  their  sentiments,  principles,  and  measures. 

Sedition  has  already  been  marked  through  its  zigzag  path  to 
the  present  times.  When  the  statute  for  regulating  the  govern- 
ment arrived,  a  match  was  put  to  the  train,  and  the  mine,  that  had 
been  long  forming,  sprung,  and  threw  the  whole  province  intcf 


m 


i6d 


conAiiiori  and  anarchy.  The  occiirrencies  of  the  Summer  anct 
autumn  past  are  so  recent  and  notorious,  that  a  particular  detail 
of  them  is  unnecessary.  Suffice  it  to  say,  that  every  barrier  that 
civil  government  had  erectfd  for  the  security  of  property,  liber- 
ty and  life,  was  broken  down,  and  law,  constitution  and  government 
trampled  under  foot  by  the  rudest  invaders.  I  shall  not  dwell 
upon  these  harsh  notos  much  longer,  i  shall  yet  become  un  ad- 
vocate for  the  leading  whigs ;  much  must  be  allowed  to  men,  in 
their  situation,  forcibly  actuated  by  the  chagrin  of  disappointment, 
the  fear  of  punishment,  and  the  fascination  of  hope  at  the  same 
time. 

Perhaps  the  whole  story  of  empire  does  not  furnish  another 
mstance  of  a  forcible  opposition  to  government,  with  so  much  ap- 
parent and  little  real  cause,  with  such  apparent  probability  with- 
out any  possibility  of  success.  The  stamp-act  gave  the  alarm. 
The  instability  of  the  public  councils  from  the  Grecnvillian  ad- 
ministration to  the  appointment  of  the  Earl  of  Hillsborough  to  the 
American  department,  afforded  as  great  a  prospect  of  success,  as 
the  heavy  duties  imposed  by  the  stamp-act,  did  a  colour  for  the 
opposition.  It  was  necessary  to  give  the  history  of  this  matter 
in  its  course,  offend  who  it  would,  because  those  acts  of  govern- 
ment, that  are  called  th^i[teatest  grievances,  became  proper  and 
necessary,  through  the  misconduct  of  our  politicians,  and  the  jus- 
tice of  Great  Britain  towards  ui^,  could  not  be  made  apparent 
without  lirst  pointing  out  that.  1  intend  to  consider  the  acts  of 
the  British  government,  which  are  held  up  as  the  principal  griev- 
ances, and  inquire  whether  Great  Britain  is  chargeable  with  in- 
justice in  any  one  of  them ;  but  mu^t  first  ask  your  attention  to 
the  authoriiy  of  parliament.  I  suspect  many  of  our  politicians 
are  wrong  in  their  first  principle,  in  denying  that  the  constitutional 
authority  of  parliament  extends  to  the  colonies ;  if  so,  it  must  not 
he  wondered  at,  that  their  whole  fabric  is  so  ruinous.  1  shall  not 
travel  through  all  the  ai^uments  that  have  been  adduced,  for  and 
against  this  question,  but  attempt  to  reduce  the  substance  of  them 
to  a  narrow  compass,  after  having  taken  a  cursory  view  of  the 
British  constitution. 

The  security  of  the  people  from  internal  rapacity  and  violence, 
and  from  foreign  invasion,  is  the  end  and  design  of  government. 
The  simple  forms  of  government  are  monarchy,  aristocracy,  and 
democracy ;  that  is,  where  the  authoritv  of  the  state  is  vested  in 
one,  a  few,  or  the  many.  Each  of  these  species  of  government 
has  advantages  peculiar  to  itself,  and  would  answer  the  onds  of 
government,  were  the  persons  intrusted  with  the  authority  of  the 
state,  always  guided,  themselves,  by  unerring  wisdom  and  public 
virtue ;  but  rulers  are  not  always  exempt  from  the  weakness  and 
depravity  which  make  government  necessary  to  society.  Thus 
monarchy  is  apt  to  rush  headlong  into  tyranny,  aristocracy  to  be- 
get faction,  and  multiplied  usurpation,  and  democracy,  to  degen- 
erate into  tumult,  violence,  and  anarchy.     A  government  formed 

22 


'i'^ 


■»v'i 


•  ■■  i,  i 


!ii 


*j'; 


- 1, 


n ; 


i 


i.t  ' 


;i^;J.-- 


no 


upon  these  ttirce  iiriiiciple^,  in  due  proportion,  it  the  bait  calca* 
latcd  to  answer  the  endn  of  government,  and  to  endure.  Such  a 
governmenl  is  the  Britiflh  onnntitutiun,  consisting  of  king,  lordi 
and  commons,  which  at  once  includes  the  principal  exceliencieSf 
and  excludes  the  pnncipnl  defect*)  of  the  other  kinds  of  govern* 
ment.  It  is  allowed,  both  by  Englishmen  and  foreigners,  to  be 
the  most  perfect  system  (hsit  the  wisdom  of  ages  has  produced. 
The  distributions  of  power  nre  so  just,  and  the  proportions  so  ex- 
act, as  (it  once  to  support  nnd  controul  each  other.  An  English- 
man glories  in  bcin^  subject  to,  and  protected  by  such  a  govern- 
ment. The  colonies  nre  a  part  of  the  british  umpire.  The 
best  writcrH  upon  the  law  of  nations  tell  us,  that  when  a  nation 
takes  possession  of  a  distant  country,  and  settles  there,  that  coun- 
try, though  separated  from  the  principal  establishment,  or  moth- 
er country,  naturally  becomes  a  part  of  the  state,  equal  with  its 
ancient  possesdious.  Twc  supreme  or  independent  authorities 
cannot  exist  in  the  same  state.  It  would  be  what  is  called  itnpc- 
rium  in  imptrio^  the  height  of  political  aJMurdity.  The  analogy 
between  the  political  and  human  body  is  great.  Two  independ- 
ent authorities  in  a  state  would  be  like  two  distinct  principles  of 
volition  and  action  in  the  human  body,  dissenting,  opposing,  and 
destroying  each  other.  If,  then,  we  %|f  a  part  of  the  British 
empire,  we  must  be  subject  to  the  supreme  power  of  the  state, 
which  is  vested  in  the  estates  of  parliament,  notwithstanding  each 
of  the  colonies  have  legislative  and  executive  powers  of  their 
own,  delegated,  or  granted  to  them  for  the  purposes  of  regulating 
their  own  internal  police,  which  are  subordinate  to,  and  must  ne- 
cessarily be  subject  to  the  checks,  controul,  and  regulation  of  the 
supreme  authority. 

This  doctrine  is  not  new,  but  the  denial  of  it  is.  It  is  beyond 
a  doubt,  that  it  was  the  sense  both  of  the  parent  country,  and  our 
ancestors,  that  they  were  to  remain  subject  to  parliament.  It  is 
evident  from  tlie  charter  itself;  and  this  authority  has  been  ex- 
ercised by  parliament,  from  time  to  time,  almost  ever  since  the 
iirst  settlement  of  the  countrv,  and  has  been  expressly  acknowl- 
edged by  our  provincial  legislatures.  It  is  not  less  our  interest, 
than  our  duty,  to  continue  subject  to  the  authority  of  parliament, 
which  will  be  more  fully  considered  hereafter.  The  pnncipal 
argument  against  the  authority  of  parliament,  is  this ;  the  Ameri- 
cans are  entitled  to  all  the  privileges  of  an  Englishman ;  it  is  the 
privilege  of  an  Englishman  to  be  exempt  from  all  laws,  that  he 
does  not  consent  to  in  person,  or  by  representative.  The  Ameri- 
icans  are  not  represented  in  parliament,  and  therefore  are  exempt 
from  acts  of  parliament,  or  in  other  words,  not  subject  to  its  al^> 
thority.  This  appears  specious ;  but  leads  to  such  absurdities  m 
demonstrate  its  fallacy.  If  the  colonies  are  not  subject  to  the 
authority  of  parliament,  Great  Britain  and  the  colonies  must  be 
distinct  states,  as  completely  so,  as  England  and  Scotland  were  be- 
fore the  union,  or  as  Great  Britain  and  Hanover  are  now.     The 


J* 


17J 


colonies  in  that  case  will  owe  no  allegiance  (o  the  imperial  crowo, 
and  perbops  not  to  the  penon  of  the  king,  as  the  title  to  the 
crown  is  derived  from  an  act  of  parliament,  made  since  the  set- 
tlement of  this  province,  which  act  respects  the  imperial  crown 
only.    Let  us  wave  this  difficulty,  and  suppose  allegiance  due  from 
the  colonies  lo  the  person  of  the  king  of  Great  Britain.     He  then 
appears  in  a  new  capacity,  of  king  of  America,  or  rather  in  sev- 
eral new  capacities,  of  king  of  Massachusetts,  king  of  Rhode- 
Island,  king  of  Connecticut,  iic.  &c.     For  if  our  connexion  with 
Great  Britain  by  the  parliament  be  dissolved,  we  shall  have  none 
among  ourselves,  but  each  colony  become  as  distinct  from  the 
others,  ns  England  was  from  Scotland,  before  tlie  union.     Some 
have  supposed  that  each  state,  having  one  and  the  same  person 
for  its  king,  is  a  sufficient  connection.     Were  he  an  absolute  mon- 
arch, it  might  be  ;  but  in  a  mixed  government,  it  i^  ho  union  at 
all.     For  as  the  king  must  govern  each  state,  by  its  parliament, 
those  several  parliaments  would  pursue   the  particular  interest 
of  its  own  state ;  and  however  well  disposed  the  king  might  be  to 
pursue  a  line  of  interest,  that  was  common  to  all,  the  checks  and 
controul  that  he  would  meet  with,  would  render  it  impossible.     If 
the  king  of  Great  Britain  has  really  these  new  capacities,  they 
ought  to  be  added  to  his  titles ;  and  another  difficulty  will  arise, 
the  prerogatives  of  these  new  crowns  have  never  been  defined 
or  limited.     Is  the  monarchical  part  of  the  several  provincial  con- 
stitutions to  be  nearer  or  more  remote  from  absolute  monarchy, 
in  an  inverted  ratio  to  each  one's  approaching  to,  or  receding  from 
a  republic  ?    But  let  us  suppose  the  same  prerogatives  inherent  in 
the  several  American  crowns,  as  are  in  the  imperial  crown  of 
Great  Britain,  where  shall  we  find  the  British  constitution,  that  we 
all  agree  we  are  entitUil  to?    We  shall  seek  for  it  in  vain  in  our 
provincial  assemblies.     They  are  but  faint  sketches  of  the  estates 
of  parliament.    The  houses  of  representatives,  or  Burgesses, 
bare  not  all  the  powers  of  the  house  of  commons ;  in  the  charter 
governments  they  have  no  more  than  what  is  expressly  granted 
by  their  several  charters.     The  first  charters  granted  to  this  pro- 
vince did  not  empower  the  assembly  to  tax  the  people  at  all. 
Our  council  boards  are  as  destitute  of  the  constitutional  authority 
of  the  house  of  lords,  as  their  several  members  are  of  the  noble 
independence,  and  splendid  appendages  of  peerage.     The  house 
of  peers  is  the  bulwark  of  the  British  constitution,  and  through 
successive  ages,  has  withstood  the  shocks  of  monarchy,  and  the 
sappii^s  of  democracy,  and  the  constitution  gained  strength  by  the 
conflict.     Thus  the  supposition  of  our  being  independent  states, 
or  exempt  from  the  authority  of  parliament,  destroys  the  very 
idea  of  our  having  a  British  constitution.     The  provincial  consti- 
tutions, considered  as  subordinate,  are  generally  well  adapted  to 
those  purposes  of  government,  for  which  they  were  intended ; 
that  is,  to  reg^ilate  the  internal  police  of  the  several  colonies ;  but 
have  no  principle,  of  stability  within  themselves ;  they  may  sup- 


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port  themselves  in  moderate  times,  but  would  be  merged  by  the 
violence  of  turbulent  ones,  and  the  several  colonies  become 
wholly  monarchical,  or  wholly  republican,  were  it  not  for  the 
checks,  controuls,  regulations,  and  supports  of  the  supreme  au- 
thority of  the  empire.  Thus  the  argument,  that  is  drawn  from 
their  first  principle  of  our  being  entitled  to  Engli:4  liberties, 
destroys  the  principle  itself,  it  deprives  us  of  the  bill  of  rights, 
and  all  tHc  benefits  resulting  from  tbe  revolution  of  English  laws, 
and  of  %  the  British  constitution. 

Our  patriots  have  been  do  intent  upon  building  up  Americaa 
rights,  that  they  have  overlooked  the  rights  of  Great  Britain,  and 
our  own  interest.  Instead  of  proving  that  we  were  entitled  to. 
privileges,  that  our  fathers  knew  our  situation  would  not  ad- 
mit us  to  enjoy,  they  have  been  ai^uing  away  our  most  essential 
rights.  If  there  be  any  grievance,  it  does  not  consist  in  our  being 
subject  to  the  authority  of  parliament,  but  in  our  not  having  an 
actual  representation  in  it.  Were  it  possible  for  the  colonies  to 
have  an  equ'^d  representation  in  parliament,  and  were  refused  it 
npon  proper  application,  1  confess  1  should  think  it  a  grievance  , 
but  at  pi^QMnt  it  seems  to  be  allowed,  by  all  parties,  to  be  imprac- 
ticable, considering  the  colonics  are  distant  fron;  Gr^dt  Britain  a 
thousand  transmarine  leagues.  If  that  be  the  c'i^e,  the  right  or 
privilege,  that  we  complain  of  being  deprived  of,  is  not  withheld  by 
Britain,  but  tbe  first  principles  of  government,  and  the  immutable 
lawa  of  uature,  render  it  impossible  for  us  to  enjoy  it.  This  is 
a(n>2rei)My  the  meaning  of  that  celebrated  passa(;e  in  Governor 
Hutchinson's  letter,  that  rang  through  the  continent,  viz :  There 
must  be  an  abridgment  of  what  is  called  English  liberties.  He 
subjoins,  that  he  had  never  yet  seen  the  projection,  whereby  a 
colony,  three  thousand  miles  distant  Irom  the  parent  state,  might 
enjoy  all  the  privileges  of  the  parent  state,  and  remain  subject  to 
it,  or  in  words  to  that  efiect.  The  obnoxious  sentence,  taken  de« 
tached  from  the  letter,  appears  very  unfriendly  to  the  colonies ; 
but  considered  in  connection  with  ths  other  parts  of  the  letter,  is 
but  a  necessary  result  from  our  situation.  Allegiance  and  protec- 
tion are  reciprocal.  It  is  our  highest  interest  to  continue  a  part  of 
the  British  empire  ;  and  equally  our  duty  to  remain  subject  to 
the  authority  of  parliament.  Our  own  internal  police  may  gen- 
'^rally  be  regulatad  by  our  provincial  legislatures,  but  in  na- 
tional concerns,  or  where  our  own  assemblies  do  not  answer  the 
ends  of  government  with  respect  to  ourselves,  the  ordinances  or 
interposition  of  the  great  council  of  the  nation  is  necessary.  In 
this  case,  the  major  must  rule  the  minor.  After  many  more  cen- 
turies shall  have  rolled  away,  long  after  we,  who  are  now  bust- 
ling upon  the  stage  of  life,  shall  have  been  received  to  the  bosom 
of  mother  earth,  and  our  names  are  forgotten,  the  colonies  may 
be  so  far  increased  as  to  have  the  balance  of  wealth,  numbers  and 
power,  in  their  favour,  the  good  of  the  empire  make  it  necessary 
to  fix  the  i^eat  of  government  here  ;  and  some  future  George, 


'4 


173 


rtquaHy  the  friend  of  mankind,  with  him  (hat  aow  sways  the 
British  sceptre,  may  cross  the  Atlantic  and  rule  Great  Britain,  bv 
an  American  parliament.  MaSSACHUSKTTENSIS.  " 


ADDRESSED 

To  the  Inhabitants  of  the  Province  ofMassackisetis  Ba^ 

January  16,   1775. 

MT  DEAR  COUNTRYMEN, 

HAD  a  person,  some  fifteen  years  ago,  undertaken  to  ppc-ve 
that  the  colonies  were  p.  part  of  the  British  empire  or  dominion, 
and  as  such,  subject  to  the  authority  of  the  British  parlianr»*  >v,  ho 
would  have  acted  as  ridiculous  a  part,  as  to  have  uodertak"!)  to 
prove  a  self-evident  proposition.  Had  any  person  denied  it,  he 
would  have  been  called  a  fool  or  miulman.  At  this  wise  peri<y<l, 
individuals  and  bodies  of  men  deny  it,  iiutwithHtauding  in  doing  ir 
they  subvert  the  fundamentals  of  government,  deprive  us  of  Brit- 
ish liberties,  and  build  up  absolute  monarchy  in  the  colonies ;  for 
our  charters  suppose  regal  authority  in  the  grantor  ;  if  that  au- 
thority be  derived  from  the  British  crown,  it  pre-supposes  this  ter- 
ritory to  have  been  a  part  of  the  British  dominion,  and  as  such 
subject  to  the  imperial  sovereign  ;  if  that  authority  was  vested  in 
the  person  of  the  king,  in  a  diil'erent  capacity,  the  British  constitu- 
tion and  laws  are  out  of  the  question,  and  the  king  must  be  abso- 
lute as  to  us,  as  his  prerogatives  have  never  been  circumscribed. 
Such  must  have  been  the  sovereign  authority  of  the  several  kings, 
who  have  granted  American  charters,  previous  to  the  o'^veral 
grants  ;  there  is  nothing  to  detract  from  it,  at  (his  time,  in  those 
colonies  that  are  destitute  of  charters,  and  th(;  charter  govern- 
ments must  severally  revert  to  absolute  monarchy,  as  thvir  char- 
ters may  happen  to  be  forfeited  by  the  grantees  not  fulfilling  the 
conditions  of  them,  as  every  charier  contains  au  express  or  impli- 
ed condition. 

It  is  curious  indeed  to  trace  the  denial  and  oppugnation  to  the 
supreme  authority  of  the  state.  W  hen  the  stamp-:.ct  was  made, 
the  authority  of  parliament  to  impose  internal  ta^fes  was  denied ; 
but  their  right  to  impose  external  ones,  or  in  other  words,  to  lay 
duties  upon  goods  and  merchandize  was  admitted.  When  the  act 
was  made  imposing  duties  upon  tea,  &,c.  a  new  distinction  was  .set 
up,  that  the  parliament  had  a  right  to  lay  duties  upon  merclian- 
dize  for  the  purpose  of  regulating  trade,  but  not  for  the  purpose 
of  raising  a  revenue  :  that  is,  the  parliament  had  good  right  and 
lawful  authority  to  lay  the  former  duty  of  a  shilling  on  the  pound. 


rm'- 


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■I  ■, 


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174 


t  « 


•i.  m 


but  had  none  to.  lay  the  present  duty  of  three  pence,  llaring  got 
thus  far  siile,  it  was  only  taking  one  step  more  to  extriciite  our- 
selves entirely  from  their  fangs,  and  become  iudependant  state?, 
that  our  patriots  most  heroically  resolved  upon,  and  Ually  denied 
that  parliament  had  a  right  to  make  any  laws  whatever,  that 
should  be  binding  upon  the  colonies.  There  is  no  possible  medi- 
um between  absolute  independence,  and  subjection  to  the  authori- 
ty of  parliament.  He  must  be  blind  indeed  tbit  cannot  see  our 
dearest  interest  in  the  latter,  notwithstanding  many  pant  after  the 
former.  Misguided  men  !  could  they  once  overtake  their  wish, 
they  would  be  convinced  of  the  madness  of  the  pursuit. 

My  dear  countrymen,  it  is  of  the  last  importance  that  we  settle 
this  point  clearly  in  our  minds ;  it  will  serve  as  a  sure  test,  cer- 
tain criterion  and  invariable  standard  to  distinguish  the  friend? 
from  the  enemies  of  our  country  patriotism  from  sedition,  loyalty 
from  rebellion.  To  deny  the  supreniC  ^^ithority  of  the  state,  is  a 
high  misdemeanor,  to  say  no  worse  of  it ;  to  oppose  it  by  force  is 
an  overt  act  of  treason,  punishable  by  contisc.ttion  of  estate,  and 
most  ignominious  dcatli.  The  realm  of  Bngiaud  is  an  appropriate 
term  for  the  ancient  realm  of  England,  in  contradistinction  to 
Wales  and  other  territorien,  that  have  been  annexed  to  it.  These 
as  they  have  been  severally  annexed  to  the  crown,  whether  by 
conquest  or  otherwise,  becanu*.  a  pari  of  the  empire,  and  subject 
to  the  authority  of  parliament,  whether  they  send  members  to 
parliament  or  not,  and  whether  they  have  legislative  powers  of 
their  own  or  not. 

'J'hiis  Ireland,  who  has  perhaps  the  greatest  possible  subordinate 
legislature,  and  sends  no  meinbeis  to  the  British  parliament,  is 
bound  by  its  acts,  when  expressly  named.  Guernsey  and  Jersey 
are  no  part  of  the  realm  of  England,  nor  are  they  represented  in 
parliament,  but  are  subject  to  its  authority :  and,  m  the  same  pre- 
dicament are  the  American  colonies,  and  all  the  other  dispersions 
of  the  empire.  Permit  me  to  request  your  attention  to  this  sub- 
ject a  little  longer  ;  I  assure  you  it  is  as  interesting  and  important, 
as  it  is  dry  and  unentertaining. 

Let  us  now  recur  to  the  tirst  charter  of  this  province,  and  we 
shall  find  irresistible  evidence,  that  our  being  part  of  the  empire, 
subject  to  the  supreme  authority  of  the  state,  bound  by  its  laws 
and  entitled  to  its  protection,  were  the  very  terms  and  conditions 
by  which  our  ancestors  held  their  lands,  and  settled  the  province. 
Our  charter,  like  all  other  Americi*n  charters,  are  underlhe  great 
seal  of  England  ;  the  grants  are  made  by  the  king,  for  his  heirs 
and  successors  ;  the  several  tenures  to  be  of  the  king,  his  heirs  and 
successors  ;  in  like  manner  are  the  reservations.  It  is  apparent 
the  king  acted  in  his  royal  capacity,  as  king  of  England,  which 
necessarily  supposes  the  territory  granted,  to  be  a  part  of  the  En- 
glish dominions,  holden  of  the  crown  of  England. 

The  charter,  after  reciting  several  grants  of  the  territory  to  sir 
Henry  Roswcll  and   others,   proceeds  to  incorporation  in  Uiese 


i(4 


T 


175 


words :  **■  And  for  as  much  as  the  good  and  prosperous  success  of 
the  plantations  of  the  said  parts  of  New  Enghind  aforesaid,  intend- 
ed by  the  said  eir  Henry  Koswell  and  others,  to  be  speedily  set 
upon,  cannot  but  chiefly  depend,  next  under  'he  blessing  of  aimigb* 
ty  God,  and  the  support  of  our  royal  authority,  upon  the  good  gov- 
ernment of  the  same,  to  the  end  that  the  affairs  of  business^  which 
from  time  to  time  shall  happen  and  arise  concerning  the  said  lands 
and  the  plantations  of  the  same  may  be  the  better  managed  and 
ordered,  we  have  further  hereby,  of  our  especial  grace,  certain 
knowledge  and  mere  motion  given,  granted  and  confirmed,  and 
for  us,  our  heirs  and  successors,  do  give,  grant  and  confirm  unto 
our  said  trusty  and  well  beloved  subjects,  sir  Henry  Roswell,  &ic. 
and  all  such  others  as  shall  hereafter  be  admitted  and  made  free 
of/Ae  company  and  society  hereaftsr  mentioned,  shall  from  time  to 
time  and  at  all  times,  forever  hereafter,  be  by  virtue  of  these 
presents,  one  body  corporate,  politic  in  fact  and  name  by  the  name  of 
the  governor  and  company  of  the  Massachusetts  Bay,  in  New  England; 
and  them  by  the  name  of  the  governor  and  company  of  the  Mas- 
sachusetts Bay,  in  New  England,  one  body  politic  and  corporate 
in  deed,  fact  and  name.  We  do  for  us  our  heirs  and  successoi-a 
make,  ordain,  constitute  and  conlirm  by  these  presents,  and  that 
by  that  name  they  shall  have  perpetual  s-^ccession,  and  that  by 
that  name  they  and  their  successors  shall  be  «.apable  and  enabled 
as  well  to  implead  and  to  be  impleaded,  and  to  prosecute,  demand  and 
answer  and  be  answered,  unto  all  and  singular  suits,  causes,  quarrels 
and  actions  of  what  kind  or  nature  soever  ;  and  also  to  have,  take^ 
possess,  acfjuire  and  purchase,  any  lands,  tenements  and  hereditaments, 
or  anil  goods  or  chattels,  the  same  to  lease,  grant,  demise,  aleine,  bar- 
gain, sell  and  dispose  of  as  our  liege  people  of  this  our  realm  of  Eng- 
land, or  any  other  corporation  or  body  politic  of  the  same  may  do."  I 
would  beg  leave  to  ask  one  simple  question,  whether  this  looks 
like  a  distinct  state  or  independent  empire  ?  Provision  is  then 
made  for  electing  a  governor,  deputy  ^^overnor,  and  eighteen  as- 
sistants. After  which,  is  this  clause  :  "  We  do  for  us,  our  heirs 
and  successors,  give  and  grant  to  the  said  governor  and  company, 
and  their  successors,  that  the  governor  or  in  his  absensc  the  dep- 
uty governor  of  the  said  company,  for  the  time  being,  and  such  of 
the  assistauta  or  freemen  of  the  said  company  as  shall  be  present, 
or  the  greaternumberof  them  so  assembled,  whereof  the  govern- 
or or  deputy  governor  and  six  of  the  assistants,  at  the  least  to  be 
seven,  shall  have  full  power  and  authority  to  choose,  nominate 
and  appoint  such  and  so  many  others  as  they  shall  think  tit,  and 
shall  he  willin§rto  accept  the  same,  to  be  free  of  ihe  said  compa- 
re and  body,  and  them  into  the  same  to  adi»iit  and  to  elect  and 
constitute  Si;<:h  officers  as  they  shall  think  fit  and  requisite  for  the 
ordering,  man\ging  and  dispatching  of  the  afl'airs  of  the  said  gov- 
ernor and  com).<noy  and  their  successors,  and  to  m:ike  lay:s  and  or- 
dinances for  the  good  and  welfare  of  the  said  company,  and  for  the 
goveronent  and  ordering  of  the  said  lands  and  plantation?,  and 


■V '; 


y-s 


mil 


li.  i 


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l.^'l 


^*l 


,! 


176 


the  people  inhHbiting  and  to  inhabit  the  same,  as  to  them  from 
time  to  time  shall  be  thought  meet :  So  as  such  laws  and  ordinan- 
ces be  not  contrary  or  repugnant  to  the  laws  dnd  statutes  of  this  our 
realm  of  England^ 

Another  clause  is  this,  "  And  for  their  further  encouragement, 
of  our  especial  grace  and  favor,  we  do  by  these  presents,  for 
us,  our  heirs,  and  successors,  yield  and  grant  to  the  said  governor 
and  company  and  their  successors,  and  every  of  them,  their  factors 
and  assigns,  that  they  and  every  of  them  shall  be  free  and  quit 
from  all  taxes,  subsidies  and  customs  in  New  England  for  the 
apace  of  seven  years,  and  from  all  taxes  and  impositions  for  the 
space  of  twenty-one  years,  upon  all  goods  and  merchandize,  at 
any  time  or  times  hereafter,  either  upon  importation  (hither,  or 
exportation  from  thence  into  our  realm  of  England,  or  into  other 
of  our  dominions,  by  the  said  governor  and  company  and  their 
successors,  their  deputies,  factors  and  assigns,  &c." 

The  exemption  from  taxes  for  seven  years  in  one  case,  and 
twenty  one  years  in  the  other,  plainly  indicates  that  after  their  ex- 
piration, this  province  would  be  liable  to  taxation.  Now  I  would 
ask  by  what  authority  those  taxes  were  to  be  imposed  ?  It  could 
not  be  by  the  governor  and  company,  for  no  such  power  was  dele- 
gated or  granted  to  them  ;  and  besides  it  would  have  been  absurd 
and  nugatory  to  exempt  them  from  their  own  taxation,  supposing 
them  to  have  had  the  power,  for  they  might  have  exempted  them- 
selves. It  must  therefore  be  by  the  king  or  parliament ;  it  could 
not  be  by  the  king  alone,  for  as  king  of  England,  the  political  ca- 
pacity in  which  he  granted  the  charter,  he  had  no  such  power, 
exclusive  of  the  lords  and  commons,  consequently  it  must  have 
been  by  the  parliament.  This  clause  in  the  charter  is  as  evident 
a  recognition  of  the  authority  of  the  parliament  over  this  prov- 
ince, as  if  the  words,  "  acts  of  parliament,^'  had  been  inserted,  as 
they  were  in  the  Pennsylvania  charter.  There  was  no  session  of 
parliament  after  the  grant  of  our  charter  until  the  year  1 640.  In 
1642  the  house  of  commons  passed  a  resolve,  "that  for  the  better 
advancement  of  the  plantations  in  New  England,  and  the  encour- 
agement of  the  planters  to  proceed  in  their  undertaking,  their  ex- 
ports and  imports  should  be  freed  and  discharged  from  all  customs, 
subsidies,  taxations  and  duties  until  the  further  order  of  the  house ;" 
which  was  gratefully  received  and  recorded  in  the  archives  of 
our  predecessors.  This  transaction  shews  very  clearly  in  what 
sense  our  counection  with  England  was  then  understood.  It  is 
true,  that  in  some  arbitrary  reigns,  attempts  were  made  by  the 
servants  of  the  crown  to  exclude  the  two  houses  of  parliament, 
from  any  share  of  the  authority  over  the  colonies ;  they  also  at- 
tempted to  render  the  king  absolute  in  England  ;  but  the  parlia- 
ment always  rescued  the  colonies,  as  well  as  England  from  such 
attempts. 

I  shall  recite  but  one  more  clause  of  this  charter,  which  is  this, 
"  And  further  oui  will  and  pleasure  is,  and  we  do  hereby  for  us, 


177 


6vt  heirs  and  succeMora^  ordain,  declare  and  ^rant  (o  the  said  g'oV' 
ernor  and  company,  and  their  successors,  that  all  and  every  of 
the  subjects  of  us,  our  heirs  and  successors  which  shall  go  to  and 
inhabit  within  the  said  land  and  premises  hereby  mentioned  to  be 
granted,  and  every  of  their  children  which  shall  happen  to  be 
born  there,  or  on  the  seas  in  going  thither,  or  returning  from 
thence,  slxaU  have  and  enjoy  all  liberties  and  immunitiet  of  free  and 
natural  subjects^  within  any  of  the  dominions  of  us,  our  heirs  or  suc- 
cessors, to  all  intents,  constructions  and  purposes  whatsoever,  as 
if  th**y  and  every  of  them  were  bom  within  the  realm  of  Eng- 
hnd."  It  is  upon  this,  or  n  similar  clause  in  the  charter  of  Wil- 
liam and  Mary  that  our  patriots  have  built  up  the  stupendous  fabric 
of  American  independence.  They  argue  from  it  a  total  exemp- 
tion from  parliamentary  authority,  because  we  are  not  represent* 
ed  in  parliament. 

1  have  already  shewn  that  the  supposition  of  our  being  exempt 
from  the  authority  of  parliament,  is  pregnant  with  the  grossest 
absurdities.  Let  us  now  consider  this  clause  in  connection  with 
the  other  parts  of  the  charter.  It  is  a  rule  of  law,  founded  in  rea- 
son and  common  sense,  to  construe  each  part  of  an  instrument,  so 
as  the  whole  may  hang  together,  and  be  consistent  with  itself. 
If  we  suppose  this  clause  to  exempt  us  from  the  authority  of  par- 
liament, we  must  throw  away  all  the  rest  of  the  charter,  for  every 
other  part  indicates  the  contrary,  as  plainly  as  words  can  do  it ; 
and  what  is  still  worse,  this  clause  oecomee  felo  de  se,  and  destroys 
itself;  for  if  we  are  not  annexed  to  the  crown,  we  are  aliens,  and 
no  charter,  grant,  or  other  act  of  the  crown  Cii^n  naturalize  us  or 
entitle  us  to  the  liberties  and  immunities  of  Englishmen.  It  can 
be  done  only  by  act  of  parliament.  An  alien  is  one  bom  in  a 
strange  country  out  of  the  allegiance  of  the  king,  and  is  under 
many  disabilities  though  residing  in  the  realm  ;  as  Wales,  Jersey, 
Guernsey,  Ireland,  the  foreign  plantations.  Sac.  were  severally 
annexed  to  the  crown,  they  became  parts  of  one  and  the  same 
empire,  the  natives  of  which  are  equally  free  rs  though  they  had 
been  born  in  that  territory  which  was  the  ancient  realm.  As  our 
patriots  depend  upon  this  clause,  detached  from  the  charts i-,  let  us 
vie;v  it  in  tliat  light.  If  a  person  born  in  England  romoves  to  Ire- 
land Mnd  settles  ifae;re,  he  is  then  no  longer  rejueHented  in  the  lirit- 
ish  parliament,  but  he  and  his  posterity  are,  and  will  ever  be  sub- 
ject to  the  authority  of  the  British  parliament.  If  he  removes  to 
Jersey,  Guernsey,  or  any  other  parts  of  the  British  dominions  that 
send  no  members  to  parliament,  he  will  still  be  in  the  same  pre- 
dicament. So  that  tiie  inhabitants  of  the  American  colonies  do 
in  fact  enjoy  all  the  liberties  and  immunities  of  natural  born  sub- 
jects. We  are  entitled  to  no  greater  privileges  than  those  that 
are  bom  within  the  realm  ;  and  they  can  enjoy  no  other  than  we 
do,  when  they  reside  out  of  it.  Thus,  it  is  evident  that  this  clause 
amounts  to  no  more  than  the  royal  assurance,  that  we  are  n  part 
of  the  British  empire  ;    are  not  aliens,  hnf.  nat<?ral  born  subjects  : 


.V 


'i:  ij 


'f'id 


h'*" 


Ir^M 


■m . 


'M 


1' ' ' 

m    ■ 

178 


and  as  such,  bound  to  obey  the  supreme  power  of  the  stjite,  and 
entitled  to  protection  from  it.  To  avoid  prolixity,  1  shall  not  re- 
mark particularly  upon  other  parts  of  this  charter,  but  observe  in 
general,  that  whoever  reads  it  with  attention,  will  meet  with  irre- 
sistible evidence  in  every  part  of  it,  that  our  being  a  part  of  the 
English  dominions,  subject  to  the  English  crown,  and  within  the 
jurisdiction  of  parliament,  were  the  terms  upon  which  our  ances- 
tors settled  this  colony,  and  the  very  tenures  by  which  they  Iicld 
their  estates. 

No  lands  within  the  British  dominions  are  perfectly  allodial  ; 
they  are  held  mediately  or  immediately  of  the  king,  and  upon  for- 
feiture, revert  to  the  crown.  My  dear  countrymen,  vou  have 
many  of  you  been  most  falsely  and  wickedly  told  by  our  patriots, 
that  Great  Britain  was  meditating  a  land  tax,  and  seeking  to  de- 
prive us  of  our  inheritance  ;  but  had  all  the  malice  and  subtilty  of 
men  and  devils  been  united,  a  readier  method  to  effect  it  could 
not  have  be«n  devised,  than  the  late  denials  of  the  authority  of 
parliament,  and  forcible  oppositions  to  its  acts.  Yet,  this  has  been 
planned  and  executed  chiefly  by  persons  of  desperate  fortunes. 

MxVSSACHUSETTENSlS. 


i1  ■ 

1'  : 

'p. 

.l;|:f 

■if, 

( 

'.  V  ■ 


i;         .       -.1 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Batji 

January  23,  1775. 

MV  DEAR  COUNTRYMEN, 

IF  we  carry  our  researches  further  back  than  the  emigration 
of  our  ancestors,  we  shall  find  many  things  that  reflect  light  upon 
the  object  we  are  in  quest  of.  It  is  immaterial  when  America  was 
first  discovered  or  taken  possession  of  by  the  English.  In  1602 
one  Gosnold  landed  upon  one  of  the  islands,  called  Elizabeth 
islands,  which  were  so  named  in  honor  of  queen  Elizabeth,  built  a 
fort,  and  projected  a  settlement  ;  his  men  were  discouraged,  and 
the  project  failed.  In  10U6,  king  James  granted  all  the  continent 
from  34  to  45  degrees,  which  he  divided  into  two  colonies,  viz. 
the  southern  or  Virginia,  to  certain  merchants  a»  London,  the 
northern  or  New  Et)gland,  to  certain  merchants  at  Plymouth  in 
England.  In  1607,  some  of  the  patentees  of  the  northern  colony, 
began  a  settlement  at  Sogadahoc ;  but  the  emigrants  were  dis- 
heartened after  the  trial  of  one  winter,  and  that  attempt  failed  of 
success,  Thus  this  territory  had  not  only  been  granted  by  the 
crown  for  purposes  of  colonization,  which  are  to  enlarge  the  em- 


179 


pire  or  dominion  of  the  parent  state,  and  to  open  new  sources  of 
national  wealth ;    but   actual   possession  had  been  taken  by  the 
grantees,  previous  to  the  emigration  of  our  ancestors,  or  any  grant 
to  them.     In  1620,  a  patent  was  granted  to  the  adventurers  for 
the  northern  colony,  incorporating  them  by  the  name  of  the  coun- 
cil Jor  the  affairs  oj  JVcoj  Plymoutfi.     From  this  company  of  mer- 
chants in  England,  our  ancestors  de  ived  their  title  to  this  territo- 
ry.     The  tract  of  land  called  Massaehusetts,  was  purchased  of  this 
company,  by  sir  Henry  Roswell  and  associates  ;  their  deed  bears 
date  March  1 9th,  1627.     In   1628  they  obtained  a  charter  of  in- 
corporation, which  I  have  already  remarked  upon.     The   liber- 
ties, privileges  and  franchises,  granted  by  this  charter,  do  not  per- 
haps exceed  those  granted  to  the  city  of  London  and  other  cor- 
porations within  the  realm.       The   legislative  power  was   very 
confined  ;  it  did  not  even  extend  to  levying  taxes  of  any  kind  ;  that 
power  was   howevc     assumed  under  this  charter,  which  by  law 
worked  a  forfeiture ;  and  for  this  among  other  things,  in  the  reign 
of  Charles  the  second,  the  charter  was  adjudged  forfeited,   and 
the  franchises  seized  into  the  king's  hands.     This  judgment  did 
not  affect  our  ancestors  title  to  their  lands,  that  were  not  derived 
originally  from  the  charter,  though  confirmed  by   it,  but  by  pur- 
chase from  the  council  at  Plymouth,  who  held  immediately  under 
the  crown.     Besides,  our  ancestors  had  now  reduced  what  before 
was  a  naked  right  to  possession,  and  by  persevering  through  une- 
qualled toils,  hardships  and  dangers,  at  the  approach  of  which  oth- 
er emigrants  had  fainted,  rendered  New  England  a  very  valuable 
acquisition  both  to  the  crown  and  nation.     This  was  highly  meri- 
torious, and  ought  not  to  be  overlooked  in   adjusting  the   present 
unhappy  dispute ;    but  our  patriots  would  deprive  us  of  all  the 
merit,  both  to  the  crown  and  nation,  by  severing  us  from  both. 
After  the   revolution,  our  ancestors  petitioned  the  parliament  to 
restore  the  charter.     A  bill  for  that  purpose  passed  the  house  of 
commons,  but  went  no  further.     In  consequence  of  another  peti- 
tion, king  William  and  queen  Mary  granted  our  present  charter, 
for  I .  'ting  and  incorporating  the  Massachusetts,  New  Plymouth, 
and  several  other  territories  into  one  province.     More  extensive 
powers  of  legislation,than  those  contained  in  the  first  charter,were 
become  necessary,   and  were  granted  ;  and  the  form  of  the  leg- 
islature made  to  approach  nearer  to  the  form  of  the  supreme  leg- 
islature.    The  powers  of  legislation  are  confined  to  local  or  pro- 
vincial purposes  and  further  restricted  by  these  words,  viz.  So  as 
the  same  be  not  repugnant  or  contrary  to  the  lawt  of  this  our  realm  of 
England.     Our  patriots  have  made  many  nice  distinctions  and  cu- 
rious refinements,  to  evade  the  force  of  these  words  ;  but  after  all, 
it  is  impossible  to  reconcile  them  to  the  idea  of  an   independent 
state,  as  it  is  to  reconcile  disability  to  omnipotence.     The  provin- 
cial power  of  taxation  is  also  restricted  to  provincial  purposes,  and 
allowed  to  be  exercised  over  such  only  as  are  inhabitants  or  pro- 
prietors within   the  province.      I  would  observe   here,   that  the 


.o- 1 


m 


.:  ii 


.1  f.  J 


'    i' 


§ 


I 


180 


Kftanting  subordinate  powers  of  kgislution,  does  not  abridge  or  di- 
minish the  powers  of  the  higher  legislatures  ;  thus  we  see  corpo- 
rations in  England  and  tlie  several  towns  in  this  province  vested 
with  greater  or  lesser  powers  of  legislation,  without  the  parlia' 
nient,  in  one  case,  or  the  general  court  in  the  other,  being  res- 
trained, from  enacting  thoaejveFy  laws,  that  fall  within  the  juris- 
diction of  the  several  corporations.  Had  our  present  charter  been 
conceived  in  such  equivocal  terms,  as  that  it  might  be  construed 
as  restraining  the  authority  of  parliament,  the  uniform  usage  ever 
•ince  it  passed  the  seal,  would  satisfy  us  that  its  intent  was  differ- 
ent. The  parliament,  in  tl»e  reign  when  it  was  granted,  long  be- 
fore and  in  every  reign  sinca,  has  been  making  statutes  to  extend 
to  the  colonies,  and  those  statutes  have  been  as  uniformly  sub- 
mitted to  as  authoritative,  by  the  colonies,  till  within  ten  or  a  doz- 
en years.  Sometimes  acts  of  parliament  have  been  made,  and 
sometimes  have  been  repealed  in  consequence  of  petitions  from 
the  colonies.  The  provincial  assemblies  often  refer  to  acts  of 
parliament  in  their  own,  and  have  sometimes  made  acts  to  aid 
their  execution.  It  is  evident  that  it  was  the  intention  of  their 
majesties,  to  grant  subordinate  powers  of  legislation,  without  im- 
pairing or  diminishing  the  authority  of  the  supreme  legislature. 
Had  there  been  any  words  in  the  charter,  that  precluded  that  con- 
struction, or  did  the  whole  taken  together  contradict  it,  lawyers 
would  tell  us,  that  the  king  was  deceived  in  his  grant,  and  the  pa- 
tentees took  no  estate  by  it,  because  the  crown  can  neither  'ilien- 
ate  a  part  of  the  British  dominions,  nor  impair  the  supreme  power 
of  the  empire.  I  have  dwelt  longer  on  this  subject,  than  I  at  first 
intended,  and  not  by  any  means  done  it  justice,  as  to  avoid  prolix 
narratives  and  tedious  deduction,  I  have  omitted  perhaps  more 
than  I  have  adduced,  that  evinces  the  truth  of  the  position,  that 
we  are  a  part  of  the  British  dominions,  and  subject  to  the  author- 
ity of  parliament.  The  novelty  of  the  contrary  tenets,  will  ap- 
pear by  extracting  a  part  of  a  pamphlet,  published  in  17ti4,  by  a 
Boston  gentleman,  who  was  then  the  oracle  of  the  whigs,  and 
whose  profound  knowledge  in  the  law  and  constitutioa  is  equalled 
1»ut  by  (ew. 

"  I  also  lay  it  down  as  one  of  the  first  principles  from  whence  I 
intend  to  deduce  the  civil  rights  of  the  British  colonies,  that  all  i*t 
them  are  subject  to,  and  dependent  on  Great  Britain  ;  and  that 
therefore  as  over  subordinate  governments,  the  parliament  of 
Great  Britain  has  an  undoubted  power  and  lawful  authority  to 
make  acts  for  the  general  good,  that  by  naming  them,  shall  and 
ought  to  be  equally  binding,  as  upon  the  subjects  of  Great  Britain 
within  the  realm.  Is  there  the  least  difference,  as  to  the  consent 
of  the  colonists,  whether  taxes  and  impositions  are  laid  on  their 
trade,  and  other  property  by  the  crown  alone,  or  by  the  parlia- 
ment ?  As  it  is  agreed  on  all  hands,  the  crown  alone  cannot  im- 
pose them,  we  should  be  justifiable  in  refusing  to  pay  them,  but 
7HUst  and  ought  to  yield  obedience  to  an  act  of  parliament^  :  tough  cr- 
ronemts^  till  repealed.''^ 


fe  or  (li- 
;  corpo- 
vested 
parlia- 
\ng  res- 
e  Juris- 
ler  been 
mstnied 
ige  ever 
IS  differ- 
long  be- 

>  extend 
[nly  sub- 
)r  a  dojs- 
ade,  and 
jns  from 
)  acts  of 
^ts  to  aid 
of  their 
hout  im- 
[ii^lature. 
that  con- 
lawyers 

d  the  pa- 
ler *hen- 
le  power 
I  at  first 
id  prolix 
ips  more 
ion,  that 

>  author- 
will  ap- 
f04,  by  a 
ligs,  and 
equalled 

vhence  I 
lat  all  «i 
and  that 
ament  of 
hority  to 
shall  and 
it  Britain 
consent 
on  their 
le  parlia- 
nnot  im- 
lern,  but 
lOUgh  cr- 


181 


'*  It  is  a  maxim,  that  the  king  can  do  no  wrong  ;  nnd  ever}' 
good  subject  is  bound  to  believe  his  king  is  not  inclined  to  do  any. 
We  arfe  blessed  with  a  prince  who  has  given  abundant  demonstra- 
tions, that  in  all  his  actions,  he  studies  the  good  of  his  people,  and 
the  true  glory  of  his  crown,  which  are  insepcrable.  It  would 
therefore  be  the  highest  degree  of  impudtnce  and  disloyalty,  to 
imagine  that  the  king,  at  the  head  of  his  parliament,  could  have 
any  but  the  most  pure  and  perfect  intentions  of  justice,  gbodness 
and  truth,  that  human  nature  is  capable  of.  All  this  1  say  and  be- 
lieve of  the  king  and  parliament,  in  all  their  acts ;  even  in  that 
which  so  nearly  affects  the  interests  of  the  colonists ;  and  that  a 
most  perfect  and  ready  obedience  is  to  be  yielded  to  it  while  it  re- 
mains in  force.  The  power  of  parliament  xa  uncontroulable  but 
by  themselves,  and  we  must  obey.  They  only  can  repeal  their 
own  acts.  There  would  be  an  end  of  all  government,  if  one  or  a 
number  of  subjects,  or  subordinate  provinces  should  take  upon 
them  so  far  to  judge  of  the  justice  of  an  act  of  parliament,  as  to 
refuse  obedience  to  it.  If  there  was  nuihing  else  to  restrain  such 
a  step,  prudence  ought  to  do  it,  for  forcibly  resisting  the  parlia- 
ment and  the  king^s  laws  is  high  treason.  Therefore  let  the  par* 
liament  lay  what  burdens  they  please  on  us,  we  must,  it  is  our 
duty  to  submit  and  patiently  bear  them,  till  they  will  be  pleased  to 
relieve  us." 

The  Pennsylvania  Farmer,  who  took  the  load  in  explaining 
away  the  right  of  parliament  to  raise  a  revenue  in  America, 
speaking  of  regulating  trade,  tells  us,  that  "  he  who  considers 
these  provinces  as  states  distinct  from  the  British  empire,  has  very 
slender  notions  of  justice,  or  of  their  interest ;  we  are  but  parts 
of  a  whole,  and  tU«>refore  there  must  exist  a  power  somewhere 
to  preside,  and  preserve  the  connection  in  due  order.  This 
power  is  lodged  in  parliament,  and  we  are  as  much  dependant  on 
Great  Britain  as  a  perfectly  free  people  can  be  on  another."  He 
supposes  that  we  are  dependant  in  some  considerable  degree  upon 
Great  Britain  ;  and  that  that  dependance  is  nevertheless  consist 
ent  with  perfect  freedom. 

Having  settled  this  point,  let  us  reflect  upon  the  resolves  and 
proceedings  of  our  patriots.  We  often  read  resolves  denying 
the  authority  of  parliament,  which  is  the  imperial  sovereign,  gild- 
ed over  with  professions  of  loyalty  to  the  king,  but  the  golden 
leaf  is  too  thin  to  conceal  the  treason.  It  either  argues  profound 
ignorance  or  hypocritical  cunning. 

We  find  many  unsuspecting  persons  prevailed  on  openly  to  op- 
pose the  execution  of  acts  of  parliament  with  force  and  arms. 
My  friends,  some  of  the  persons  that  beguiled  you,  could  have 
turned  to  the  chapter,  page  and  section,  where  such  insiirroctions 
are  pronounced  rebellion,  by  the  law  of  the  land  ;  and  had  not 
their  hearts  been  dead  to  a  sense  of  justice,  and  steeled  against 
every  feeling  of  humanity,  they  would  have  timely  warned  you  of 
your  danger.     Our  patriots  have  sent  us  in  pursuit  of  a  mere 


■  M 


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li 


182 


ignit  faitiua,  a  fascinatint;  tiflare  devoid  of  substance  ;  and  noir 
when  we  find  ourselves  bewildered,  with  "carce  one  rny  of  hope 
to  raise  our  sinkinf^  spirits,  or  stay  our  fainting  souls,  they  conjure 
up  phantoms  more  delusive  and  fleeting,  if  possible,  than  that 
which  first  led  us  astray.  They  tell  us,  we  are  a  match  for  Great 
Britain.  The  twentieth  part  of  the  streng-th  that  Great  Britain 
could  exert,  were  it  necessary,  is  more  than  sufHcient  to  crush 
this  defenceless  province  to  atoms,  notwithstanding  all  the  va- 
pouring of  the  disaffected  here  and  elsewhere.  They  tell  us  the 
army  is  disaifected  to  the  service.  What  pains  have  our  wretch- 
ed politicians  not  taken  to  attach  them  to  it  ?  The  officers  con- 
ceive no  very  favourable  opinion  of  the  cause  of  the  whigs,  from 
the  obloquy  with  which  their  General  hath  been  treated,  in  re- 
turn for  his  humanity,  nor  from  the  infamous  attempts  to  seduce 
the  soldiers  from  his  majesty's  service.  The  policy  of  some  of 
our  patriots  has  been  as  weak  and  contemptible,  as  their  motives 
are  sordid  and  malevolent ;  for  when  they  found  their  success,  in 
corrupting  the  soldiery,  did  not  answer  their  expectations,  they 
took  pains  to  attach  them  firmer  to  the  cause  they  adhered  to,  by 
preventing  the  erecting  of  barracks  for  their  winter  quarters,  by 
which  means  many  contracted  diseases,  and  some  lives  were  lost, 
from  the  unwholesome  buildings  they  were  obliged  to  occupy ; 
and,  as  though  some  stimulus  was  still  wanting,  some  provocation 
to  prevent  human  nature  revolting  in  the  hour  of  battle,  they  de- 
prived the  soldiers  of  a  gratification  never  denied  to  the  l>rute 
creation  ;  straw  to  lie  on.  I  do  not  mention  this  conduct  to  raise 
the  resentment  of  the  troops  ;  it  has  had  its  effect  already ;  and 
it  is  proper  you  should  know  it ;  nor  should  i  have  blotted  paper 
in  relating  facts  so  mortifying  to  the  pride  of  man,  had  it  not  been 
basely  suggested  that  there  would  be  a  defection  should  the  army 
take  the  field.  Those  are  matters  of  small  moment,  compared 
to  another,  which  is  the  cause  they  are  engaged  in.  It  is  no  long- 
er a  struggle  between  whigs  and  tories,  whether  these  or  those 
t^hall  occupy  posts  of  honour,  or  enjoy  the  emoluments  of  office, 
liur  is  it  now  whether  this  or  the  other  act  of  parliament  shall  be 
repealed.  The  army  is  sent  here  to  decide  a  question,  intimately 
concected  with  the  honour  and  interest  of  the  nation,  no  less  than 
whether  the  colonies  shall  continne  a  part  of,  or  be  for  ever  dis- 
membered from  the  British  empire.  It  is  a  cause  in  which  no 
honest  Aniericau  can  wish  our  politicians  success,  though  it  is  de- 
voutly to  be  Tvished,  that  their  discomtiture  may  be  effected  with- 
out recourse  being  had  to  the  ultima  ratio — the  sword.  This,  our 
wretched  situation,  is  but  the  natural  consequence  of  denying  the 
authority  of  parliament,  and  forcibly  opposing  its  acts. 

Someiiniiis  we  are  amused  with  intimations  that  Holland,  France 
or  Spain,  will  make  a  diversion  in  our  favour.  These,  equally 
with  the  oiliprs,  are  suggestions  of  despair.  These  powers  have 
(  olonies  of  their  own,  and  might  not  choose  to  set  a  bad  example, 
fiy  cncoiirasring  the  colonies  of  any  other  state  to  revolt.     The 


183 


,  from 


m 


Dutch  have  too  much  money  in  the  English  funds,  and  are  tou 
much  attached  to  their  money  to  espouse  our  ciuarrel.  The 
French  and  Spaniards  have  not  yet  forgot  the  drubbing  they  re- 
ceived from  Great  Britain  last  war ;  and  all  three  fear  to  offend 
that  power  which  our  politicians  would  persuade  us  to  despise. 

Lastly,  they  tell  us  that  the  people  in  England  will  take  our 
part,  and  prevent  matters  from  coming  to  extremity.  This  is 
their  fort,  where,  when  driven  from  every  other  post,  they  fly  for 
refuge. 

Alas,  my  friends  !  our  congresses  have  stopped  up  every  ave- 
oue  that  leads  to  that  sanctuary.  We  hear,  by  every  arrival  from 
England,  thi<*  it  is  no  longer  a  ministerial,  (if  it  ever  was)  but  a 
national  cause.  My  dear  countrymen,  1  deal  plainly  with  31OU. 
I  never  should  forgive  myself  if  1  did  not.  Arc  there  not  eleven 
regiments  in  Boston  ?  A  respectable  tleet  in  the  harbour  ?  Men 
of  war  stationed  at  every  considerable  port  along  the  continent  ? 
Are  there  not  three  ships  of  the  line  sent  here,  notwithstanding 
the  danger  of  the  winter  coast,  with  more  than  the  usual  compli- 
ment of  marines  ?  Have  not  our  congresses,  county,  provincial, 
and  continental,  instead  of  making  advances  for  an  accommoda- 
tion, bid  defiance  to  Great  Britain  ?     He  that  runs  may  read. 

If  our  politicians  will  not  be  pursuaded  from  running  against  the 
thick  bosses  of  the  buckler,  it  is  time  for  us  to  leave  them  to  their 
fate,  and  provide  for  the  safety  of  ourselves,  our  wives,  our  chil- 
dren, our  friends,  and  our  country.      , 

I  have  many  things  to  add,  but  must  now  take  my  leave,  for  thi^ 
week,  by  submitting  to  your  judgment  whether  there  be  not  an 
absolute  necessity  of  immediately  protesting  against  all  traitorous 
resolves,  leagues,  and  associations,  of  bodies  of  men,  that  appear 
to  have  acted  in  a  reprejentative  capacity.  Had  our  congresses 
been  accidental  or  spontaneous  meetings,  the  whole  blame  might 
have  rested  upon  the  individuals  that  composed  them ;  but  as  they 
appear  in  the  character  of  the  people's  delegates,  is  there  not  the 
utmost  danger  of  the  innocent  being  confounded  with  the  guilty, 
unless  they  take  care  timely  to  distinguish  themselves  ? 

MASSACHUSETTENSIS. 


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ADDRESSED 

7)>  ^/le  Inhabitants  of  the  Province  of  Massachusetts  Bay^ 

January  30,  1775. 


MY  DEAR  COVKTRVMEK 


AS  the  oppugnation  to  the  king  in  parliament  tends  manifestly 
to  independence,  and  the  colonies  would  soon  arrive  at  that  point, 
did  not  Great  Britain  check  them  in  their  career  ;  let  ns  indulge 
the  idea,  however  extravagant  and  romantic,  and  suppose  our- 
selves for  ever  separated  from  the  parent  state.  Let  us  suppose 
Great  Britain  sinking  under  the  violence  of  the  shock,  and  over- 
whelmed by  her  ancient  hereditary  enemies ;  or  what  is  more 
probable,  opening  new  sources  of  national  wealth,  to  supply  the 
deficiency  of  that  which  used  to  flow  to  her  through  American 
channels,  and  perhaps  planting  more  loyal  colonies  in  the  new 
discovered  regions  of  the  sonth,  still  retaining  her  pre-eminence 
among  the  nations,  though  regardless  of  America. 

Let  us  now  advert  to  our  own  situation.  Destitute  of  British 
protection,  that  impervious  barrier,  behind  which,  in  perfect  se- 
curity, we  have  increased  to  a  degree  almost  exceeding  the  bounds 
of  probability,  what  other  Britain  could  we  look  to  when  in  dis- 
tress ?  What  succedaneum  does  the  world  afford  to  make  good 
the  loss?  Would  not  our  trade,  navigation,  and  fishery, which  no 
nation  dares  violate  or  invade,  when  distinguished  by  British  col- 
oars,  becomt  the  sport  and  prey  of  the  maritime  powers  of  Eo- 
rope  ?  Would  not  our  maritime  towns  be  exposed  to  the  pilla- 
ging of  every  piratical  enterprise  ?  Are  the  colonies  able  to 
maintain  a  fleet,  sufficient  to  afford  one  idea  of  security  to  such 
an  extensive  sea-coast  ?  Before  they  can  defend  themselves 
against  foreign  invasions,  they  must  unite  into  one  empire  ;  other- 
wise the  jarring  interests,  and  opposite  propensities,  would  render 
the  many  headed  monster  in  politics,  unwieldly  and  inactive. 
Neither  the  form  or  seat  of  government  would  be  readily  agreed 
upon  ;  more  difficult  still  would  it  be  to  fix  upon  the  person  or 
persons,  to  be  invested  with  the  imperial  authority.  There  is 
perhaps  as  great  a  diversity  between  the  tempers  and  habits  of 
the  inhabitants  of  this  province,  and  the  tempers  and  habits  of  the 
Carolinians,  as  there  subsists  between  some  different  nations ;  nor 
need  we  travel  «o  far  ;  the  Rhode-Islanders  are  as  diverse  from 
the  people  of  Connecticut,  as  those  mentioned  before.  Most  of 
the  colonies  are  rivals  to  each  other  in  trade.  Between  others 
tliere  subsist  deep  animosities,  respecting  their  boundaries,  which 
have  heretofore  produced  violent  altercations,  and  the  sword  of 


its  Bay^ 


lanifestljr 
lat  point, 
8  indulge 
pose  our- 
s  suppose 
ind  over- 
;  is  more 
ipply  the 
\mcrican 
the  new 
eminence 

>f  British 
erfect  se- 
le  bounds 
en  in  dis- 
ake  good 
which  no 
citish  coi- 
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the  pilla- 
able  to 
to  such 
emselves 
other- 
render 
inactive, 
agreed 
rson  or 
^here  is 
labits  of 
ts  of  the 
ons ;  nor 
rse  from 
Most  of 
n  others 
which 
iword  of 


185 


civil  war  has  been  more  than  once  unsheathed,  without  hrin<fm$ 
these  disputes  to  a  decision.  It  is  apparent  that  so  many  'liscord- 
ant,  heterogeneous  particles  could  not  suddenly  unite  and  consoli- 
date into  one  body.  It  is  most  probable,  that  if  they  were  ever 
united,  the  union  would  be  effected  by  some  aspirins*  «fenius,  put- 
ting himself  at  the  head  of  the  colonists'  army  (for  we  mu'^t  sup- 
pose a  very  respectable  one  indeed,  before  we  are  severed  from 
Britain)  and  taking  advantage  of  the  enfeebled,  bleeding,  and 
distracted  state  of  the  colonies,  subjugate  the  whole  to  the  yoke 
of  despotism.  Human  nature  is  every  where  the  same  ;  and  this 
has  often  been  the  issue  of  those  rebellions,  that  the  riThtlul 
prince  was  unable  to  subdue.  We  need  not  travel  through  the 
states  of  ancient  Greece  and  Rome,  or  the  more  modern  ones  in 
Europe,  to  pick  up  the  instances,  with  which  the  way  is  strewed  ; 
we  have  a  notable  one  in  our  own.  So  odious  ant!  arbitrary  was 
the  protectorate  of  Cromwell,  that  when  death  had  delivered 
them  from  the  dread  of  the  tyrant,  all  parties  conspired  to  restore 
monarchy  ;  and  each  one  strove  to  be  the  foremost  in  inviting 
home,  and  placing  upon  the  imperial  throne,  their  exiled  prince, 
the  son  of  the  same  Charles,  who,  not  many  years  before,  had 
been  murdered  on  a  scaffold.  The  republicans  them=^elves  now 
rushed  to  the  opposite  extreme,  and  had  Charles  2(1.  been  as  am- 
bitious, as  some  of  his  predecessors  were,  he  migut  have  estiib- 
lished  in  England  a  power  more  arbitrary,  than  the  first  Charles 
«ver  had  in  contemplation. 

Let  us  now  suppose  the  colonies  united,  and  moulded  into  some 
form  of  government.  Think  one  moment  of  the  revenue  neces- 
sary to  support  this  government,  and  to  provide  for  even  the  ap- 
pearance of  defence.  Conceive  yourselves  in  a  manner  exhaust- 
ed by  the  conflict  with  Great  Britain,  now  staggering  and  sinking 
under  the  load  of  your  own  taxes,  and  the  weii^ht  of  your  owa 
government.  Consider  further,  that  to  render  government  ope- 
rative and  salutary,  subordination  is  necessary.  This  our  patriots 
need  not  be  told  of;  and  when  once  they  had  mounted  the  steed, 
and  found  themselves  so  well  seated  as  to  run  no  risk  of  being 
thrown  from  the  Saddle,  the  severity  of  thoir  di'^cipline  to  restore 
subordination,  would  be  in  proportion  to  their  forinin"  treachery 
in  destroying  it.  We  have  already  seen  specimens  of  their  tyran- 
ny, in  their  inhuman  treatment  of  persons  guilty  of  no  crime, 
except  that  of  differing  in  sentiment  from  the  whigs  What  then 
must  we  expect  from  such  scourges  of  mankind,  when  supported 
by  imperial  power  ? 

To  elude  the  dithculty  resulting  from  our  defenceless  situation, 
we  are  told  that  the  colonies  would  open  a  free  trade  with  all  the 
world,  and  all  nations  would  join  in  protecting  their  common  mart. 
A  very  little  reilection  will  convince  us  that  this  is  chimerical. 
American  trade,  however  beneficial  to  Great  Britain,  while  she 
ean  command  it,  would  be  l)ut  as  a  drop  of  the  bucket,  or  the  light 
dust  of  the  balance,  to  all  the  commercial  states  of  Europe.     Be» 

24 


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186 


-i'les,  were  Britith  fleet'  a:ul  arTiies  no  lons^er  destined  to  our  pro- 
ti^ction,  in  n  vo.vy  short  time,  France  and  Spain  wonid  recover 
j»ossps.sion  of  tlioso  territories,  t!>;jt  were  torn,  reluctant  and  bleed- 
insf  from  them,  in  the  last  war,  hy  the  superior  strength  of  Britain. 
Oiir  enemies  would  ag^ain  extend  their  line  of  fortification,  from 
the  northern  to  the  southern  shore  ;  and  by  means  of  our  late 
settlements  stretchin;^  themselves  to  the  confines  of  Canada,  and 
the  communications  opened  iVom  one  country  to  the  other,  we 
should  be  exposed  to  perpetual  incursions  from  Canadians  and 
savages.  But  our  distress  would  not  end  here  ;  for  when  once 
tlicse  incursions  should  be  supported  by  the  formidable  arma- 
ments of  PVance  and  Spain,  the  whole  continent  would  become 
their  easy  prey,  and  would  be  parcelled  out,  Poland  like.  Rec- 
ollect the  consternation  we  were  thrown  into  last  war,  when  Fort 
William  Henry  was  taken  by  the  French.  It  was  apprehended 
that  all  New  England  would  be  overrun  by  their  conquering  arniB. 
It  was  even  proposed,  for  our  own  people  to  burn  and  lay  waste 
all  the  country  west  of  Connecticut  river,  to  impede  the  enemies 
march,  and  prevent  their  ravaging  the  country  east  of  it.  This 
j)roposal  come  frotn  no  inccnsiderable  man.  Consider  what  must 
really  have  been  our  fate,  unaided  by  Britain  last  war. 

Great  Britain  aside,  what  earthly  power  could  stretch  out  the 
compassionate  arm  to  shield  us  from  those  powers,  that  have  long 
beheld  us  with  the  sharp,  piercing  eyes  of  avidity,  and  have  here- 
tofore bled  freely,  and  expended  their  millions  to  obtain  us  ?  Do 
you  suppose  their  lust  of  empire  is  satiated  ?  Or  do  you  suppose 
they  would  scorn  to  obtain  so  glorious  a  prize  by  an  easy  conquest  ? 
Or  can  any  be  so  visionary  or  impious,  as  to  believe  that  the  Father 
of  the  Universe  will  work  miracles  in  favour  of  rebellion  ?  And 
after  having,  by  some  unseen  arm,  and  mighty  power,  destroyed 
Great  Britain  for  us,  will  in  the  same  mysterious  way  defend  us 
against  other  European  powers  ?  Sometimes  we  are  told,  that 
the  colonies  may  put  themselves  under  the  protection  of  some  one 
foreign  slate  ;  but  it  ought  to  be  considered,  that  to  do  that,  we 
must  throw  ourselves  into  their  power.  We  can  make  them  no 
return  for  protection,  but  by  trade  ;  and  of  that  they  can  have  no 
assurance,  unless  we  become  subject  to  their  laws.  This  is  evi- 
dent by  our  contention  with  Britain. 

Which  state  would  you  prefer  being  annexed  to ;  France, 
Spain,  or  Holland  ?  I  suppose  the  latter,  as  it  is  a  republic. 
But  are  you  sure,  that  the  other  powers  of  Europe  would  be  idle 
spectators ;  content  to  suffer  the  Dutch  to  engross  the  Ameri- 
can colonies,  or  their  trade  ?  And  what  figure  would  the 
Dutch  probably  make  in  the  unequal  contest  ?  Their  sword  has 
been  long  since  sheathed  in  commerce.  Those  of  you  that  have 
visited  Surinam,  and  seen  a  Dutch  governor  dispensing  at  discre- 
tion his  own  opinions  for  law,  would  not  suddenly  exchange  the 
English  for  Dutch  government. 


187 


I  will  subjoin  some  observations  from  the  Farmer's  letters. 
"  Wheu  the  appeal  is  made  to  tlie  sword,  highly  probable  it  is, 
that  the  punishment  will  exceed  the  oli'encc,  and  the  calamities 
attending  on  war  outweigh  those  preceding  it.     These  considera- 
tions of  justice  and  prudence,  will  always  have  great  influence 
with  good  and  wise  men.     To  these  reflections  it  remains  to  be 
added,  and  ought  forever  to  be  remembered,  that  resistance  in  the 
case  of  the  colonies  agsiinst  their  mother  country,  is  extremely 
different  from  the  resistance  of  a  people  against  their  prince.    A 
nation  may  change  their  king,  or  race  of  kingt",  and  retaining  their 
ancient   form  of  government,    be  gainers    by  changing.     Thus 
Great  Britain,  under  the  illustrious  house  of  Brunswick,  a  house 
that  seems  to  flourish  for  the  happiness  of  mankind,  has  found  a 
felicity  unknown  in  the  reigns  of  the  Stewarts.     But  if  once  we 
are  separated  from  our  mother  country,  what  new  form  of  govern- 
ment shall  we  adopt,  or    where   shall    we  find  another  Britain  to 
supply  our  loss  ?     Torn  from  the  body,  to  which  we  are  united 
by  religion,  laws,  affection,  relation,  language  and  commerce,  we 
must  bleed  at  every  vein.     In  truth,  the  prosperity  of  these  pro- 
vinces is  founded  in  their  dependance  on  Great  Britain." 

MAJSSACHUSETTENSIS. 


"  f  11' 

Jut**"  j  '' 

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■    I , 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay, 

February  6,   1775. 


MT  DEAR  COUNTRYMEN, 


WHEN  we  reucct  upon  the  constiVutional  connection  between 
Great  Britain  and  the  colonies,  view  ihe  reciprocation  of  interest, 
consider  that  the  welfare  cf  Britai'i,  in  some  measure,  and  the 
prosperity  of  America  wholly  cJtj.ends  upon  that  connection  ;  it  is 
astonishing,  indeed,  almost  incredible,  that  one  person  should  be 
found  on  either  side  of  the  Atlantic  so  base,  and  destitute  of  ev- 
ery sentiment  of  justice,  as  to  attenpt  to  destroy  or  weaken  it. 
If  tliere  are  none  such,  in  the  nunie  of  Almighty  God,  let  me  ask, 
wherefore  is  rebellion,  that  implacable  fiend  to  society,  suffered 
to  rear  its  ghastly  front  among  us,  blasting,  with  haggard  look) 
each  social  joy,  and  embittering  every  hour  ? 

Rebellion  is  the  most  atrocious  offence,  that  can  be  perpetrated 
by  man,  save  those  which  are  committed  more  immediately  against 
the  supreme  Governor  of  the  Universe,  who  is  the  avenger  of  his 
own  cause.  It  dissolves  the  social  band,  annihilates  the  security 
resulting  from  law  and  government ;  introduces  fraud,  violence, 


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mpinp,  murder,  «acrile£^*»,  and  the  long:  train  of  evils,  that  riot, 
tincontronlcd,  in  a  state  of  nature.  Allegiance  and  protection  are 
reciprocal.  The  subject  is  bound  by  the  connpact  to  yield  obe- 
dience to  government,  and  in  return,  is  entitled  to  protection  from 
it ;  thus  the  poor  are  protected  against  the  rich  ;  the  weak 
against  the  strong ;  the  individual  against  the  many ;  and  this 
protection  is  guaranteed  to  each  member,  by  the  whole  commu- 
nity. But  when  government  is  laid  prostrate,  a  state  of  war,  of 
nil  against  all  commences;  might  overcomes  right;  innocence  it- 
self has  no  security,  unless  the  individual  sequesters  himself  from 
his  followmen,  inhabits  his  own  cave,  and  seeks  his  own  prey. 
This  is  what  is  called  a  state  of  nature.  1  once  thought  it  chi- 
merical. 

The  punishment  inflicted  upon  rebels  and  traitors,  in  all  states, 
bears  some  proportion  to  the  aggravated  crime.  By  our  law,  the 
jtunishment  is,  "  That  the  offender  be  drawn  to  the  gallows,  and 
not  be  carried,  or  walk  ;  that  he  be  hanged  by  the  neck,  and  then 
cut  down  alive ;  that  his  entrails  be  taken  out  and  burned  while 
he  is  yet  alive  ;  that  his  head  be  cut  off;  that  his  body  be  divided 
into  four  parts  ;  that  his  head  and  quarters  be  at  the  king's  dis- 
posal." The  consequences  of  attainder,  are  forfeiture  and  cor- 
ruption of  blood. 

"  Forfeiture  is  two-fold,  of  real  and  personal  estate  ;  by  attain- 
der in  high  treason  a  man  forfeits  to  the  king  all  his  lands  and 
tenements  of  inheritance,  whether  fee  simple,  or  fee  tail ;  and  all 
his  rights  of  entry  on  lands  and  tenements,  which  he  had  at  the 
time  of  the  offence  committed,  or  at  any  tinje  afterwards  to  be  for 
ever  vested  in  the  crown.  The  forfeiture  relates  back  to  the 
time  of  the  treason  being  committed,  so  as  to  avoid  all  interme- 
diate sales  and  incumberances  ;  even  the  dower  of  the  wife  is  for- 
feited. The  natural  justice  of  forfeiture,  or  confiscation  of  pro- 
perty, for  treason,  is  founded  in  thi^  consideration,  that  he,  who 
has  thus  violated  the  fundamental  principles  of  government,  and 
broken  his  part  of  the  original  contract  between  king  and  people, 
hath  abandoned  his  connections  with  society  ;  hath  no  longer  any 
right  to  those  advantages,  which  before  belonged  to  him  purely  as 
a  member  of  the  community,  among  which  social  advantages  the 
right  of  transferring  or  transmitting  property  to  others,  is  one  of 
the  chief.  Such  forfeitures,  moreover,  whereby  his  posterity 
must  suffer,  as  well  as  himself,  will  help  to  restrain  z  man,  not 
only  by  the  sense  of  his  duty  and  dread  of  personal  punishment, 
but  also  by  his  passions  and  natural  affections  ;  and  will  influence 
every  dependatit  and  relation  he  has  to  keep  him  from  offending." 
4  Kiack.  37  1.  375. 

It  is  remarkable,  however,  that  this  offence,  notwithstanding 
it  is  of  a  crimson  colour,  and  the  deepest  dye,  and  its  just  punish- 
ment is  not  confined  to  the  person  of  the  offender,  but  beggars  all 
his  family,  is  sometimes  committed  by  persons,  who  are  not  con- 
scious of  guilt.     Sometimes  they  are  ignorant  of  the  law,  and  do 


vt| 


189 


not  foresee  the  evils  they  brincf  upon  society  ;  at  otliers,  they  arc 
induced  to  think  that  thoir  cause  is  founded  in  the  ot(  nml  luinci- 
ples  of  justice  and  truth,  that  they  are  only  making  an  aji|ieal  to 
heaven,  and  may  justly  expect  its  decree  in  their  favour.  Doubt- 
less many  of  the  rebels,  in  the  year  1745,  were  buoyed  up  with 
such  sentiments,  nevertheleos  they  were  cut  down  lilie  grass  be- 
fore the  scythe  of  the  mower ;  the  gibbet  and  scaffold  received 
those  that  the  sword,  wearied  with  destroying,  had  spared  ;  and 
what  loyalist  shed  one  pitying  tear  over  their  graves?  I'hey 
were  incorrigible  rebels,  and  deserved  their  fate.  'I'he  commu- 
nity is  in  less  danger,  when  the  disaffected  attempt  to  excite  a  re- 
bellion against  the  person  of  the  prince,  than  when  government 
itself  is  the  object,  because  in  the  former  case  the  questions  are 
few,  simple,  and  their  solutions  obvious,  the  fatal  conseouences 
more  apparent,  and  the  loyal  people  more  alert  to  suppress  it  in 
embryo;  whereas,  in  the  latter,  a  hundred  rights  of  the  jccijdc, 
inconsistent  with  government,  and  as  many  grievances,  destitute 
of  foundation,  the  mere  creatures  of  distempered  br;iiiis,  are 
pourtrayed  in  the  liveliest  colours,  and  serve  as  bugbears  to  af- 
fright from  their  duty,  or  as  decoys  to  allure  the  ignorant,  the 
credulous  and  the  unwary,  to  their  destruction.  'J'heir  suspicions 
are  drowned  in  the  perpetual  roar  for  libeilv  and  country;  and 
even  the  professions  of  allegiance  to  the  person  of  the  king,  are 
improved  as  means  to  subvert  his  government. 

In  mentioning  high  treason  in  the  course  of  these  papers,  I 
may  not  always  have  expressed  myself  with  the  precision  of  a 
lawyer ;  they  have  a  language  peculiar  to  themst.lves.  I  have 
examined  their  books,  and  beg  leave  to  lay  before  you  some  fur- 
ther extracts,  which  deserve  your  attention.  "  To  levy  war 
against  the  king,  was  high  treason  by  the  common  law,  3  inst.  9. 
This  is  also  declared  to  be  high  treason  by  the  stat.  of  25  Kdw. 
3.  c.  2.  and  by  the  law  of  this  province,  8  W.  3  c.  5.  Assem- 
bling in  warlike  array,  against  a  statute,  is  levying  war  against 
the  king,  1  Hale  133.  So  to  destroy  any  trade  generally,  146. 
Riding  with  banners  displayed,  or  forming  into  companies ;  or 
being  fuinished  with  military  ofiicers  ;  or  armed  with  military 
weapons,  as  swords,  guns,  &.c.  any  of  these  circumstances  carries 
the  speciem  belli,  and  will  support  an  indictment  for  high  treason 
in  levying  war,  150.  An  insurrection  to  ri.ise  the  price  of  ser 
vants  wages  was  held  to  be  an  overt-act  of  this  species  of  trea- 
son, because  this  was  done  in  defiance  of  the  staivte  of  labourers  j 
it  was  done  in  defiance  of  the  king's  authority,  5  Bac.  117  cites 
3  inst.  10.  Every  assembling  of  a  number  of  men,  in  a  warlike 
manner,  with  a  design  to  redress  any  public  grievance,  is  likewise 
an  overt-act  of  this  species  of  treason,  because  this  being  an  at- 
tempt to  do  that  by  private  authority,  which  only  ought  to  be  done 
by  the  king^s  authority,  is  an  invasion  of  the  prerogative,  5  Bac. 
117  cites  3  inst.  9.  Ha.  p.  c.  14.  Kel.  71.  Sid.  358.  1.  Hawk.  37 
Every  assembling  of  a  number  «f  men  in  a  warlike  manner,  with 


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Irlii'      !    1 


an  intention  to  reform  the  government,  or  the  law,  is  an  overt- 
act  of  this  species  of  treitson,  5  B.ic.  117.  cites  3  inst.  9.  10. 
Poph.  122.  kel.  76.  7.  1  Hawk.  37.  Levying  war  miiy  be  by 
taking  arms,  not  only  to  dethrone  the  king,  but  under  pretence 
to  reform  religion,  or  the  laws,  or  to  remove  evil  couucellors, 
or  other  grievances,  whether  real  or  pretended,  4  Black.  81.  Fos- 
ter 211.  If  any  levy  war  to  expulse  strangers ;  to  deliver  men 
out  of  prison  ;  to  remove  councellors,  or  against  any  statute ;  or 
to  any  other  end,  pretending  reformation  of  their  own  heads, 
without  warrant,  this  is  levying  wir  against  the  king,  because  they 
take  upon  them  royal  authority,  which  is  against  the  king,  3  inst. 
9.  If  three,  four,  or  more,  rise  to  pull  down  an  inclosure,  this 
is  a  riot ;  but  if  they  had  risen  of  purpose  to  alter  religion,  estab- 
lished ivithin  the  realm,  or  laws,  or  to  go  from  town  to  town  gen- 
erally, and  cast  down  inclosures,  this  is  a  levying  of  war  (though 
there  be  no  great  number  of  conspirators)  within  ihe  purview 
of  this  statute  ;  because  the  pretence  is  public  and  general,  and 
not  private  in  particular,  3  inst.  9.  Foster  211.  if  any,  with 
strength  and  weapons,  invasive  and  defensive,  do  hold  and  defend 
a  castle  or  fort,  against  the  king  and  his  power,  this  is  levying 
of  war  against  the  king,  3  inst.  10  Foster  219.  1  Hale  l-*9.  296. 
It  was  resolved  by  all  the  judges  of  England  in  the  reign  of  Hen- 
ry the  8th,  that  an  insurrection  against  the  statute  of  labourers, 
for  the  enhancing  of  salaries  and  wages,  was  a  levying  of  war 
against  the  king,  because  it  was  generally  against  the  king''s  laxo^ 
and  the  offenders  took  upon  them  the  reformation  thereof,  which 
subjects  by  gathering  of  power,  ought  not  to  do,  3  inst.  10.  All  ri- 
sings in  order  to  eflfect  innovations  of  a  public  and  general  concern, 
by  an  armed  force,  are,  in  construction  of  law,  high  treason  within 
the  clause  of  levying  war  For  though  they  are  not  levelled  at  the 
person  of  the  king,  they  are  against  his  royal  majesty.  And  besideu, 
they  have  a  direct  tendency  to  dissolve  all  the  bonds  of  society, 
and  to  destroy  all  property,  and  all  government  too,  by  numbers 
and  an  armed  force,  Foster  211.  In  Benstead^s  case,  Cro.  car.  593. 
At  a  conference  of  all  the  justices  and  barons,  it  was  resolved,  that 
going  to  Lambeth  house,  in  warlike  manner,  to  surprize  the  arch- 
bishop, who  was  a  privy  counsellor  (it  being  with  drums  and  a 
multitude)  to  the  number  of  three  hundred  persons,  was  treason  ; 
upon  which  Foster,  page  212,  observes,  that  if  it  did  appear  by 
the  libel,  which  he  says  was  previously  posted  up  at  the  ex- 
change, exhorting  the  apprentices  to  rise  and  sack  the  bishop's 
house,  upon  the  Monday  following,  or  by  the  cry  of  the  rabble, 
:it  Lambeth  house,  that  the  attempt  was  made  on  account  of  mea- 
sures the  king  had  taken,  or  was  then  taking  at  the  instigation,  as  they 
imagined,  of  the  archbishop,  and  that  tht?  rabble  had  deliberately  and 
upon  a  public  invitation,  attempted  by  numbers  and  open  force,  to 
take  a  severe  revenge  upon  the  privy  counsellor  for  the  measures 
the  sovereign  had  taken  or  was  pursuing,  the  grounds  arid  reasons 
nf  the  resolutions  would  bo  sufliciently  explained,  without  taking 


1.1 


.  I ' 


an  overt- 
st.  9.  10. 
n,\y  be  by 

pretence 
uucellors, 
.81.  Fos- 
liver  men 
utute ;  or 
vn  heads, 
;ause  they 
iig,  3  inst. 
xsure,  this 
ion,  estub- 
town  gen- 
r  (though 

purview 
iieral,  and 
any,  with 
ind  defend 
is  levying 

149.  296. 
fn  of  Hen- 
labourers, 
ng  of  war 
king''s  law, 
!of,  which 
0.  All  ri- 
l  concern, 
son  within 
lied  at  the 
id  besideii, 
)f  society, 

numbers 

car.  593. 
)lved,  that 
the  arch- 
ims  and  a 
3  treason  ; 
ippear  by 
it  the  ex- 
e  bishop's 
le  rabble, 
it  of  mea- 
on^as  they 
irately  and 
1  force,  to 

measures 
rtd  reasons 
}ut  taking 


191 


fhat  W«/c  circumstance  of  the  dnun  into  the  case.  And  he  dehv- 
era  as  his  opinion,  page  208,  that  no  great  stress  can  be  laid  on 
that  distinction  taken  by  Ld.  C.  J.  Hale,  between  an  insurrection 
with,  and  one  without  the  appearance  of  an  ar/ny  formed  under 
leaders,  and  provided  with  military  weapons,  and  with  drums,  col- 
ours, Sac.  and  says,  the  want  of  these  circumstances  weighed  noth- 
ing with  the  court  in  the  cases  of  Damaree  and  Purchase,  but  that 
it  was  supplied  by  the  number  of  the  insurgents.  That  they  were 
provided  with  axes,  crows,  and  such  like  tools, /uror  anna  minh' 
trat ;  and  adds,  page  208,  the  true  criterion  in  all  these  cases,  is, 
qiioanivw,  did  the  parties  assemble,  whether  on  account  of  some 
private  quarrel,  or,  page  211,  to  effect  innovations  of  a  public  and 
^ewcra/ concern,  by  an  armed  force.  Upon  the  case  of  Damaree 
and  Purchase,  reported  8  stat.  in.  218.  to  285.  Judge  Foster  ob- 
serves, page  215,  that  "since  the  meeting  houses  of  prolestant 
dissenters  are,  by  the  toleration  act  taken  under  protection  of  the 
/azf,  the  insurrection  in  the  present  case,  being  to  pull  down  all 
dissenting  protestant  meeting-houses,  was  to  be  considered  as  a 
public  declaration  of  the  rabble  against  that  act,  and  an  attempt  to 
render  it  ineffectvalhy  numfcew and  open  force." 

If  there  be  a  conspiracy  to  levy  war,  and  afterwards  war  is  lev- 
ied,  the  conspiracy  is,  in  every  one  of  the  conspirators,  an  overt 
act  of  this  species  of  treason,  for  there  can  be  no  accessary  in  high 
treason,  5  Bac.  115.  cites  3  inst.  9.  10.  138  Hales  P.  C.  14.  Kel. 
19.  1  Hawk.  38.  A  compassing  or  conspiracy  to  levy  war  is  no 
treason,  for  there  must  be  a  levying  of  war  in  facto.  But  if  ma- 
ny conspire  to  levy  war,  and  some  of  them  do  levy  the  same  ac- 
cording to  the  conspiracy,  this  is  high  treason  in  all,  for  in  treason 
all  are  principals,  and  war  is  levied,  3  inst.  9.  Foster  213, 

The  painful  task  of  applying  the  above  rules  of  law  to  the  sev- 
eral transactions  that  we  have  been  eye  witnesses  to,  will  never 
be  mine.  Let  me  however  intreatyou,  to  make  the  application 
in  your  own  minds;  and  those  of  you  that  have  continued  hither- 
to faithful  among  the  faithless,  Abdiel  like,  to  persevere  in  your 
integrity  ;  and  those  of  you  that  have  been  already  ensnared  by 
the  accursed  wiles  of  designing  men,  to  cast  yourselves  immedi- 
ately upon  that  mercy,  so  conspicuous  through  the  British  consti- 
tution, and  which  is  the  brightest  jewel  in  the  imperial  diadem. 

MASSACHUSETTENSIS. 


m 


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''(&* 

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ii} 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay, 

February  13,  1775. 

WY   DEAR  COrNTRYMEN, 

I  OFKEHED  to  your  consideration,  last  week,  a  few  extracts 
from  the  Ikw  books,  to  enable  tliose  thai  have  been  but  little  con- 
versant with  the  law  of  the  land,  to  form  a  judgmeut,  an<l  deter- 
miue  for  thoinselves,  whether  any  have  been  so  far  beguiled  and 
se<l\jced  from  their  allegiance,  •a'^  to  commit  the  most  aggravated 
oflenco  against  society,  high  treason.  The  whigs  reply,  riots  and 
insurrections  are  frequent  in  England,  the  land  from  which  we 
sprang  ;  we  are  hone  of  their  bone,  and  flesh  of  their  tlesh. — 
Granted  ;  but  at  the  same  time  be  it  remembered,  that  in  England 
the  executive  is  commonly  able  and  willing  to  suppress  insurrec- 
tions, the  judiciary  to  distribute  impartial  justice,  and  the  legisla- 
tive power  to  aid  and  strengthen  the  two  former  if  necessary  ; 
and  whenever  these  have  proved  ineffectual  to  allay  intestine  com- 
motions, war,  with  its  concomitant  horrors,  have  passed  through 
the  land,  marking  their  rout  with  blood.  The  bigger  part  of  Brit- 
ain has  at  some  period  or  other,  within  the  reach  of  history,  been 
forfeited  to  the  crown,  by  the  rebellion  of  its  proprietors. 

Let  us  now  take  a  view  of  American  grievances,  and  try,  by  the 
sure  touchstone  of  reason  and  the  constitution,  whether  there  be 
any  act  or  acts,  on  the  part  of  the  king  or  parliament,  that  will 
justify  the  whigs  even  mforo  conscientiie,  in  thus  forcibly  opposing 
thoir  government.  Will  the  alteration  of  the  mode  of  appointing 
one  briiiicli  of  our  provincial  legislature  furnish  so  much  as  an 
excue  for  it,  considering  that  our  politicians,  by  their  intrigues 
and  machinations,  had  rendtjred  the  assembly  incapable  of  answer- 
ing the  purpose  of  government,  which  is  protection,  .and  our 
charter  was  become  as  inefficacious  as  an  old  ballad  ?  Or  can  a 
plea  of  justification  be  found<^d  on  the  parliament's  givmg  us  an 
exact  transcript  of  English  laws  for  returning  jurors,  when  our 
own  were  insnflicient  to  afford  compensation  to  the  injured,  to 
suppress  seditions,  or  even  to  restrain  rebellion  ?  It  has  been  here- 
totore  observed,  that  each  member  of  the  community  is  entitled 
to  protection  ;  for  this  he  pays  taxes,  for  this  he  relinquishes  his 
natural  right  of  revenging  injuries  and  redressing  wrongs,  and  for 
this  the  sword  of  justice  is  placed  in  the  hands  of  the  magistrate. 
It  is  notorious  that  the  whigs  had  usurped  the  power  of  the  prov- 
ince in  a  great  measure,  and  exercised  it  by  revenging  themselves 
on  their  opponents,  or  in  compelling  them  to  enlist  under  their 
banners.     Recollect  the  frequency  of  mobs  and  riots,  the  inva- 


193 


■■w 


its  Bay, 


ff  extracts 
little  con- 
ind  deter- 
^niled  and 
ggravated 
,  riots  and 
which  we 
r   flesh. — 
in  England 
»  insurrec- 
he  legisla- 
lecessary  ; 
estine  com- 
?d  through 
art  of  Brit- 
itory,  been 
rs. 

try,  by  the 
r  there  be 
t,  that  will 
[y  opposing 
appointing 
luch  as  an 
|r  intrigues 
of  answer- 
and  our 
Or  can  a 
ving  us  an 
when  our 
[injured,  to 
Ibeen  herc- 
is  entitled 
uishcs  his 
s,  and  for 
magistrate, 
the  prov- 
hemselves 
inder  their 
the  inva- 


iiionfl  And  demolitions  of  dwelling  houses  dnd  other  prop<!rty,  the 
personal  ab  .e,  and  frc(|uent  necessity  of  persons  abandoning  their 
habitations,  the  taking  sunctuary  on  board  men  of  war,  or  at  the 
castle,  previous  to  the  regulating  bill.  Consider  that  these  suf- 
ferers were  loyal  subjects,  violators  of  no  law,  that  many  of  thotn 
were  crown  officers,and  were  thus  persecuted  for  no  other  offence, 
than  that  of  executing  the  king^s  law.  Consider  further,  that  if 
any  of  the  sufferers  sought  redress  in  a  court  of  law,  he  had  th3 
whole  whig  interest  to  combat ;  they  gathered  like  a  cloud  and 
hovered  like  harpies  round  the  seat  of  justice,  until  the  suitor  was 
either  condemned  to  pay  cost  to  his  antagonist,  or  recovered  so 
small  damages,  as  that  they  were  swallowed  up  in  his  own.  Con- 
sider  further,  that  these  riots  were  not  the  accidental  or  spontanc' 
ous  risings  of  the  populace,  but  the  result  of  the  deliberations  and 
mature  councils  of  the  whigs,  and  were  sometimes  headed  and  led 
to  action  by  their  principals.  Consider  further,  that  the  general 
assembly  lent  no  aid  to  the  executive  power.  Weigh  these  things, 
my  friends,  and  doubt  if  you  can,  whether  the  act  for  regulating 
our  government  did  not  flow  trom  the  parental  tenderness  of  the 
British  councils,  to  enable  us  to  recover  from  anarchy,  without 
Britain  being  driven  to  the  necessity  of  inflicting  punishment, 
which  is  her  strange  work.  Having  taken  this  cursory  view  of 
the  convulsed  state  of  the  province,  let  us  advert  to  our  charter 
form  of  government,*and  we  shall  And  its  distributions  of  power  to 
have  been  so  preposterous,  as  to  render  it  next  to  impossible  for 
the  province  to  recover  by  its  own  strength.  The  council  was  elec- 
tive annually  by  the  house,  liable  to  the  negative  of  the  chair,  and 
the  chair  restrained  from  acting,even  in  the  executive  department, 
without  the  concurrence  of  the  board.  The  political  struggle  is 
often  between  the  governor  and  the  house,  and  it  is  a  maxim  with 
politicians,  that  he  that  is  not  for  us  is  against  us.  Accordingly, 
when  party  run  high,  if  a  counsellor  adhered  to  the  governor,  the 
house  refused  to  elect  him  the  next  year ;  if  he  adhered  to  the 
house,  the  governor  negatived  him  ;  if  he  trimmed  his  bark  so  as 
to  steer  a  middle  course  between  Scylla  and  Charybdis,  he  was  in 
danger  of  suffering  more  by  the  neglect  of  both  parties,  than  of 
being  \vrecked  but  on  one. 

In  moderate  times,  this  province  has  been  happy  under  our 
charter  form  of  government ;  but  when  the  political  storm  arose, 
its  original  defect  became  apparent.  We  have  sometimes  seen 
half  a  dozen  sail  of  tory  navigation  unable,  on  an  election  day,  to 
pass  the  bar  formed  by  the  flux  and  reflux  of  the  tides  at  the  en« 
trance  of  the  harbour,  and  as  many  whiggish  ones  stranded  the 
next  morning  on  Governor's  Island.  The  whigs  took  the  lead  in 
this  game,  and  therefore  I  think  the  blame  ought  to  rest  upon  them, 
though  the  tables  were  turned  upon  them  in  the  sequel.  A  slen- 
der acquaintance  with  human  nature  will  inform,  experience  has 
evinced,  that  a  body  of  men  thus  constituted^  are  not  to  be  depend- 
ed upon  to  act  that  vigorous,  intrepid  and  decisive  part,  which  the 

25 


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■,'l' 


oii)(!r|L(ein,y  oi  the  liitc  limci  rc(|uii'orl,nn(1  whic^i  mipflit  have  pro 
vrd  the  salvation  of  tho  province.  In  short,  the  hoard  which  wa« 
intpn<k'(l  to  modernto  hetvvecn  the  povernor  mid  the  hoiwe,  or 
perhaps  rather  to  support  the  formoi',  was  incapahle  of  doing 
either  hy  its  original  constitution.  Hy  the  regulating  act,  the  mem- 
bers of  the  board  are  appointed  hy  the  king  in  the  council,  and  arc 
not  liable  even  to  the  8ns|iensinn  of  the  governor ;  their  commif- 
siona  are  durante  bene  vlucitn,  and  they  are  therefore  far  from  in- 
dependence. The  intiint  state  of  the  colonies  does  not  admit  of 
n  peerage,  nor  perhaps  of  any  third  branch  of  legislature  wholly 
independent.  In  most  of  the  cob  nie.o,  the  council  is  appoinlc<I  by 
mandamus,  and  the  members  are  moreover  liable  to  b'.;  suspended 
by  the  governor,  by  which  means  they  are  more  dependant,  than 
those  appointed  according  to  the  regidating  act  ;  but  no  inconve- 
nience ai-ises  from  that  mode  of  apj)oin(ment.  Long  experience 
has  evin.  ed  its  utility.  By  this  statute,  extraordinary  powers  are 
devolved  upon  the  chair,  to  enable  the  governor  to  maintain  his 
authority,  and  to  oppose  with  vigor  the  daring  spirit  of  indepen- 
dance,  so  manifest  in  the  whigs.  Town  meetings  are  restrained 
to  prevent  their  passing  traitorous  resolves.  Had  these  and  many 
other  innovations  contained  in  this  act,  been  made  in  moderate 
times,  when  due  reverence  was  yielded  to  tbe  magistrate,  and 
obedience  to  the  law,  they  might  have  been  called  grievances; 
but  we  have  no  reason  to  think,  that  had  tlie^situation  of  the  prov- 
ince'been  'juch  that  this  statute  would  ever  have  had  an  existence 
— nor  have  we  any  reason  to  doubt,  but  that  it  will  be  repealed, 
in  whole  or  part,  should  our  present  form  of  government  be  found 
by  experience  to  be  productive  of  rapine  or  oppression.  It  is  im- 
possible that  the  king,  lords  or  commons  could  have  any  sinister 
views  in  regulating  the  government  of  this  province.  Sometimes 
we  are  told  that  charters  are  sacred.  However  sacred,  they  are 
forfeited  through  negligence  or  abuse  of  their  franchises,  in  which 
cases  the  law  judges  that  the  body  politic  has  broken  the  condi- 
tion, upon  which  it  was  incorporated. 

There  are  many  instances  of  the  negligence  and  abusc,that  work 
the  forfeiture  of  charters,  delineated  in  law  books.  They  also 
tell  us,  that  all  charters  may  be  vacated  by  act  of  parliament. 
Had  the  form  of  our  provincial  legislature  been  established  by  act 
of  parliament,  that  act  might  have  been  constitutionally  and  equi- 
tably repealed,  when  it  was  found  to  be  incapable  of  answering 
the  end  of  its  institution.  Stronger  still  is  the  present  case,  where 
the  form  of  government  was  established  by  one  branch  of  the  leg- 
islature only,  viz.  the  king,  and  all  three  join  in  the  revocation. 
This  act  wjxs  however  a  fatal  stroke  to  the  ambitious  views  of  our 
republican  patriots.  The  monarchial  part  of  the  costitution  was 
so  guarded  by  it,  as  to  be  no  longer  vulnerable  by  their  shafts,  and 
all  their  fancied  greatness  vanished,  like  the  baseless  fabric  of  a 
vision.  Many  that  had  been  long  striving  to  attain  a  seat  at  the 
board,  with  their  faces  thitherward,  beheld,  with  infinite  regret, 


ii):> 


■  ■  i. 


iHVC  pre 
hich  waR 
onwc,    or 
of  doing 
lh<'  motn- 
I,  and  arc 
r  commif- 
•  from  in- 
admit  of 
ro  wholly 
loinlcdby 
liiispundod 
dnnl,  than 
J  inconve- 
xperioncc 
)owprs  arf 
nintnin  his 
f  indcpen- 
restrained 
8  and  many 
I  moderate 
strate,  and 
;rievance9 ; 
f  the  prov- 
ri  existence 
b  repealed, 
it  be  found 
It  is  im- 
my  sinister 
Sometimes 
1,  th«y  are 
s,  in  which 
the  condi- 

i,thatwork 
They  also 
tarliament. 
ihed  by  act 
y  and  equi- 
answering 
ase,  where 
of  the  leg- 
revocation, 
iews  of  our 
itution  was 
shafts,  and 
fabric  of  a 
ieat  at  the 
lite  regret. 


Iheir  competitors  adv^incod  to  the  honort  they  aspired  to  th^nri- 
selves.  These  disappointed,  .unbitious,  and  envious  mm,  iii'^til 
the  poison  of  disalVectiun  into  the  minds  of  the  lower  classes,  and 
as  soon  as  they  are  properly  imprejfnated,  exclaim,  the  iicojile  nev- 
er will  submit  to  it.  They  now  would  urge  them  into  certain  ruin, 
to  prevent  the  execution  of  an  act  of  parliament,  designed  anil 
calculated  to  restore  peace  and  harmony  to  the  province,  and  to 
rccal  that  happy  state,  when  year  rolled  round  on  year,  in  a  con- 
tinual increase  of  our  felicity. 

The  Quebec  bill  is  anotlRT  capital  grievance,  because  the  Ca- 
nadians are  tolerated  in  the  enjoyment  of  tiioir  religion,  which 
they  were  entitled  to,  by  an   article  of  capitulation,    when   they 
•ubuiitted  to  the  British  arms.     This  toleration  is  not  an  exclusion 
of  the  protestant  religion,  which  is  established  in  every  part  of  the 
empire,  as  tirmly  as  civil  polity  can  establish  it.     It  is  a  strange 
kind  of  reasoning  to  argue,  from  the   French   inhabitants  of  the 
conquered  province  of  Quebec  being  tolerated,  in  the  enjoyment 
of  the  Koman  Catholic  religion,  in  which  they  were  educated,  and 
in  which  alone  they  repose  their  hope  of  eternal  salvation;  that 
therefore  government  intends  to  deprive  us  of  the  enjoyment  of 
the  protestant  religion,  in  which  alone  we  believe,  especially  as 
the  political  interests  of  Britain  depend  upon  protestant  connex- 
ions,  and  the  king^s  being  a  protestant  hiniself  is  an  indispensable 
condition  of  his  weaving  the  crown.     This  circumstance  however 
served  admirably  for  a  fresh  stimulus,  and  was  eagerly  grasped  by 
the  disaffected  of  all  orders.     It  added  pathos  to  pulpit  oratory. 
We  often  see  resolves  and  seditious  letters  interspersed  with  po- 
pery here  and  there  in  Italics.     If  any  of  the  clergy  have  endeav- 
oured, from  this  circumstance,  to  alarm  their  too  credulous  audi- 
ences, with  an  apprehension  that  their  religious  privileges  were 
in  danger,  thereby  to  excite  them  to  take  up  arms,  we  must  lament 
the  depravity  of  the  best  of  men  ;  but  human  nature  stands  apal- 
led  when  we  reflect  upon  the  aggravated  guilt  of  prostituting  our 
holy  religion  to  the  accursed  purposes  of  treason  and  rebeUion. 
As  to  our  lay  politicians,  I  have  long  since  ceased  to  wonder  at 
any  thing  in  them ;  but  it  may  be  observed  that  there  is  no  surer 
mark  of  a  bad  cause,  than  for  its  advocates  to  recur  to  such  pitiful 
shifts  to  support  it.     This  instance  plainly  iiidicates  that  their  sole 
dependance  is  in  preventing  the  passions  subsiding,  and  cool  reason 
resuming  its  seat.     It  is  a  mark  of  their  shrewdness  however,  for 
whenever  reason  shall  resume  its  seat,  the  political  cheat  will  be 
detected,  stand  confest  in  its  native  turpitude,  and  the  political 
knave  be  branded  with  marks  of  infamy,  adequate,  if  possible,  to 
the  enormity  of  his  crimes.  MASSAC HUSETTENS  IS. 


\ 


•I 


S  ■)'•■  • 


14 

ill  '.:',    -I 


<h'v- 


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i  ').' 


'..As.     ^     ,  • 


t;  i 


', 


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i|i  .;-t; 


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1,1  a. 


I." 


1       . 


,1:.: 


ADDRESSED 

To  the  Inhabitants  of  the  Province  a/Massachusetts  Bay^ 

February  20,  1775. 

MV   DEAR   COUNTRYMEN, 

rr  would  be  an  endless  task  to  rf^mark  minutely  upon  each  of 
the  fancied  grievances,  that  swarm  and  cluster,  fill  and  deform  the 
American  chronicles.  An  adeptness  at  discovering  grievances 
has  lately  been  one  of  the  principal  recommendations  to  public 
notice  and  popular  applause.  We  have  had  genuises  selected  for 
that  purpose,  called  committees  upon  grievances ;  a  sagacious  set 
they  were,  and  discovered  a  multitude  before  it  was  kno'wn,  that 
they  themselves  were  the  greatest  grievances  that  the  country 
was  infested  with.  The  case  is  shortly  this  ;  the  whigs  suppose 
the  colonies  to  be  separate  or  distinct  states :  having  fixed  this 
opinion  in  their  minds,  they  are  at  no  loss  for  grievances.  Could 
I  agree  with  them  in  their  first  principle,  I  should  acquiesce  in  ma- 
ny of  their  deductions;  for  in  that  case  every  act  of  parliament, 
extending  to  the  colonies,  and  every  movement  of  the  crown  to 
carry  them  into  execution,  would  be  really  grievances,  however 
wise  and  salutary  they  might  be  in  themselves,  as  they  would  be 
exertions  of  a  power  that  we  were  not  constitutionally  subject  to, 
and  would  deserve  the  name  of  usurpation  and  tyranny  ;  but  de- 
prived of  this  their  cornerstone,  the  terrible  fabric  of  grievances 
vanishes,  like  castles  raised  by  enchantment,  and  leaves  the  won- 
dering spectator  amazed  and  confounded  at  the  deception.  He 
suspects  himself  to  have  but  just  awoke  from  sleep,  or  recovered 
from  a  trance,  and  that  the  formidable  spectre,  that  had  froze  him 
with  horror,  was  no  more  thdn  the  creature  of  a  vision,  or  the  de- 
lusion of  a  dream. 

Upon  this  point,  whether  the  colonies  are  distinct  states  or  not, 
our  patriots  have  rashly  tendered  Great  Britain  an  issue,  against 
every  principle  of  law  and  constitution,  against  reason  and  com- 
mon prudence.  There  is  no  arbiter  between  us  but  the  sword ; 
and  that  the  decision  of  that  tribunal  will  be  ii^gainst  us,  reason 
foresees,  as  plainly  as  it  can  discover  any  event  that  lies  in  the 
womb  of  futurity.  No  person,  unless  actuated  by  ambition,  pride, 
malice,  envy,  or  a  malignant  combination  of  the  whole,  that  verg- 
es towards  madness,  and  hurries  the  man  away  from  himself,  would 
wage  war  upon  such  unequal  terms.  No  hqnest  man  would  en- 
gage himself,  much  less  plunge  his  country  into  the  calamities  of 
a  war  upon  equal  terms,  without  first  settling  with  his  conscience, 
in  the  retired  moments  of  reflection,  the  important  question  res- 
pecting the  justice  of  his  cause.  To  do  this,  we  must  hear  and 
weigh  every  thing  that  is  fairly  adduced,  on  either  side  of  the 


*     •,|';:< 


197 


m 


question,  with  equal  attention  and  care.  A  disposition  to  drink  in 
with  avidity,  what  favours  our  hypothesis,  and  to  reject  with  dis* 
gust  whatever  contravenes  it,  is  an  infallible  mark  of  a  narrow, 
selfish  mind.  In  matters  of  small  moment,  such  obstinacy  is  weak- 
ness and  folly,  in  important  ones,  fatal  madness.  There  arc  ma- 
ny  among  us,  that  have  devoted  themselves  to  the  slavish  dominion 
of  prejudice ;  indeed  the  more  liberal  have  seldom  had  an  oppor- 
tunity of  bringing  the  question  to  a  fair  examen.  The  eloquence 
of  the  bar,  the  desk  and  the  senate,  the  charms  of  ^  jetry,  the 
expressions  of  painting,  sculpture  and  statuary  have  conspired  to 
fix  and  rivet  ideas  of  independance  upon  the  mind  of  the  colonists. 
The  overwhelming  torrent,  supplied  from  so  many  fountains,  rolled 
on  with  increasing  rapidity  and  violence,  till  it  became  superior 
to  all  restraint.  It  was  the  reign  of  passion ;  the  small,  still  voice 
•f  reason  was  refused  audience.  I  have  observed  that  the  press 
was  heretofore  open  to  but  one  side  t.f  the  question,  which  has 
given  offence  to  a  writer  in  Edes  and  Gill's  paper,  under  the  sig- 
nature of  Novanglus,  to  whom!  have  many  things  to  say.  1  would 
at  present  ask  him,  if  the  convention  of  committees  for  the  coun- 
ty of  Worcester,  in  recommending  to  the  inhabitants  of  that  county 
not  to  take  newspapers,  published  by  two  of  the  printers  in  this 
town,  and  two  at  New  York,  have  not  affected  to  be  licensers  of 
the  press  ?  And  whether,  by  proscribing  these  printers,  and  en- 
deavouring to  deprive  them  of  a  livelihood,  they  have  not  mani- 
fested an  illiberal,  bigoted,  arbitrary,  malevolent  disposition  ? 
And  whether,  by  thus  attempting  to  destroy  the  liberty  of  the 
press,  they  have  not  betrayed  a  consciousness  of  the  badaess  of 
their  cause  ? 

Our  warriors  tell  us,  that  the  parliament  shall  be  permitted  to 
legislate  for  the  purposes  of  regulating  trade,  but  the  parliament 
hath  most  unrighteously  asserted,  that  it  "  had,  hath,  and  of  right 
ought  to  have,  full  power  and  authority  to  make  laws  and  statutes 
of  sufficient  force  and  vaUdity  to  bind  the  colonies  in  all  cases 
whatever,"  that  this  claim  is  without  any  qualification  or  restric- 
tion, is  an  innovation,  and  inconsistent  with  liberty.  Let  us  can- 
didly inquire  into  these  three  observations,  upon  the  statute  de- 
claratory of  the  authority  of  parUarnent.  As  to  its  universality, 
it  is  true  there  are  no  exceptions  expressed,  but  there  is  no  gena- 
ral  rule  without  exceptions,  expressed  or  implied. 

The  implied  ones  in  this  case  are  obvious.  It  is  evident  that  the 
intent  and  meaning  of  this  act,  was  to  assert  the  supremacy  of 
parliament  in  the  colonies,  that  is,  that  its  constitutional  authority 
to  make  laws  and  statutes  binding  upon  the  colonies,  is,  and  ever 
had  been  as  ample,  9»  it  is  to  make  laws  binding  upon  the  realm. 
No  one  that  reads  the  declaratory  statute,  not  even  prejudice  it- 
self, can  suppose  that  the  parliament  meant  to  assert  thereby  a 
right  or  power  to  deprive  the  colonists  of  their  lives,  to  enslave 
them,  or  to  make  any  law  respecting  the  colonies,  that  would  not 
be  constitutional,  were  it  made  respecting  Great  Britain.     IJy  an 


■\it;i 


'  .1 


If 


::if-:i 


'^y;:i. 

■  ' )  ' 

"-  ( 

11 


198 


*« 


It,  '! 


I    ' 


'1' 
Ji, 


hr 


■tl 


act  of  parliament  passed  in  the  year  1650,  it  >fae  declared  con- 
cerning the  colonies  and  plantations  in  America,  that  they  had 
^(  ever  since  the  planting  thereof  been  and  ought  to  be  subject  to 
such  laws,  orders  and  regulations,  as  are  or  shall  be  made  by  the 
parliament  of  England."  This  declaration  though  differing  in 
expression,  is  the  same  in  substance  with  the  other.  Our  house 
of  representatives,  in  their  dispute  with  governor  Hutchinson, 
concerning  the  supremacy  of  parliament,  say,  ^^  It  is  difficult,  if 
possible,  to  draw  a  line  of  distinction  between  the  universal  author* 
ity  of  parliament  over  thecolonies,  and  no  authority  at  all." 

The  declaratory  statute  was  int  nded  more  especially  to  assert 
the  right  of  parliament,  to  maKe  laws  and  statutes  for  raising  a 
revenue  in  America,  lest  the  repeal  of  the  stamp  act  might  be  urg- 
ed as  a  disclaimer  of  the  right.  Let  us  now  inquire  whether  a 
power  to  raise  a  revenue  be  not  the  inherent,  unalienable  right  of 
the  supreme  legislative  of  every  well  regulated  state,  where  the 
hereditary  revenues  of  the  crown,  or  established  revenues  of  the 
state  are  insufficient  of  themselves ;  and  whether  that  power  be 
not  necessarily  coextensive  with  the  power  of  legislation,  or  rath- 
er necessarily  implied  in  it. 

The  end  or  design  of  government,  as  has  been  already  observ- 
ed, is  the  security  of  the  people  from  internal  violence  and  rapa- 
city, and  from  foreign  invasion..  The  supreme  power  of  a 
state  must  cecessarily  be  so  extensive  and  ample  as  to  answer 
those  purposes,  otherwise  it  is  constituted  in  vain,  and  degenerates 
into  empty  parade  and  mere  ostentatious  pegeantry.  These  pur- 
poses cannot  be  answered  without  a  power  to  raise  a  revenue  ; 
for  without  it  neither  the  laws  can  be  executed,  nor  the  state  de- 
fended. This  revenue  ought,  in  national  concerns,  to  be  appor- 
tioned throughout  the  whole  empire  according  to  the  abilities  of 
the  several  parts,  as  the  claim  of  each  to  protection,  is  equal ;  a 
refusal  to  yield  the  former  is  as  unjust  as  the  withholding  of  the 
latter.  Were  rny  part  of  an  empire  exempt  from  contributing 
their  proportionable  part  of  the  revenue,  necessary  for  the  whole, 
such  exemption  would  be  manifest  injustice  to  the  rest  of  the 
empire ;  as  it  must  of  course  bear  more  than  its  proportion  of 
tlie  publie  burden,  and  it  would  amount  to  an  additional  tax.  11 
the  proportion  of  each  part  was  to  be  determined  only  by  itself 
in  a  separate  legislature,  it  would  not  only  involve  in  it  the  ab- 
surdity of  imperium  in  imperio,  but  the  perpetual  contention  ari- 
sing from  the  predominant  principle  of  self-interest  in  each,  with- 
out having  any  common  arbiter  between  them,  would  render  the 
disjointed,  discordant,  torn,  and  dismembered  state  incapable  of 
collecting  or  conducting  its  force  and  energy  for  the  preservation 
of  the  whole,  as  emergencies  might  require.  A  government  thus 
constituted,  would  contain  the  seeds  of  dissolution  in  its  first  prin- 
ciples, and  must  soon  destroy  itself. 

I  have  already  shewn,  that  by  your  first  charter,  this  province 
vas  to  be  subject  to  taxation,  after  the  lapse  of  twenty-one  years. 


199 


•;^,l;i 
^ 


and  that  the  authority  of  parliament  to  impose  such  taxes,  was 
claimed  so  early  as  the  year  1 642. 

In  the  patent  for  Pennsylvania,  which  is  now  in  force,  there  is 
this  clause,  "  And  further  our  pleasure  is,  and  by  these  presents, 
for  us,  &ic.  we  do  covenant  and  grant  to,  and  with  the  said  William 
Penn,  &c.  that  we,  &c.  shall  at  no  time  hereafter  set  or  make,  or 
cause  to  be  set,  any  imposition,  custom,  or  other  taxation,  or  rate 
or  contribution  whatsoever,  in  and  upon  the  dwellers,  and  inhab- 
itants of  the  aforesaid  province,  for  their  lands,  tenements,  goods 
or  chattels  within  the  said  province,  or  in  and  upon  any  goods  or 
merchandise  within  the  said  province,  to  be  laden  or  unladen  with- 
in  the  ports  or  harbours  of  the  said  province,  unless  the  same 
be  with  the  consent  of  the  proprietors,  chief  governor,  or  assem- 
bly, or  act  of  ■parliamenty 

These  are  stubborn  facts ;  they  are  incapable  of  being  winked 
orut  of  existence,  how  much  soever,  we  may  be  disposed  to  shut 
our  eyes  upon  them.  They  prove,  that  the  claim  of  a  right  to 
raise  a,  revenue  in  the  colonies,  exclusive  of  the  grants  of  their 
own  assemblies,  is  coeval  with  the  colonies  themselves.  1  shall 
next  shew,  that  there  has  been  an  actual,  uninterrupted  exercise 
of  that  right,  by  the  parliament  time  immemorial. 

MASSACHUSETTENSIS. 


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ADDRESSED 

To  the  Inhabitants  of  the  Provinceof  Massachusetts  Bay^ 

February  27,  1775. 

MV  DEAR  COUNTRYMEN, 

BY  an  act  of  parliament  made  in  the  twenty-fifth  year  of  the 
reign  of  Charles  2d.  duties  are  laid  upon  goods  and  merchandise 
of  various  kinds,  exported  from  the  colonies  to  foreign  countries, 
or  carried  from  one  colony  to  another,  payable  on  exportation.  I 
will  recite  a  part  of  it,  viz :  "  For  so  much  of  the  said  commo- 
dities as  shall  be  l?den  and  put  on  board  such  ship  or  vessel ;  that 
ist3  say,  for  sugar,  white,  the  hundred  weight,  five  shillings  ;  and 
brown  and  Muscovados,  the  hundred  weight,  one  shilling  and  six 
pence  ;  tobacco,  the  pound,  one  penny  ;  cotton  wool,  the  pound, 
one  half-penny ;  for  indigo,  two-pence ;  ginger,  the  hundred 
weight,  one  shilling ;  logwood,  the  hundred  weight,  five  pounds ; 
fustic,  and  all  other  dying  wood,  the  hundred  weight,  six-pence  ; 
cocoa,  the  pound,  one-penny,  to  be  levied^  collected,  and  paid,  at 
such  places,  and  to  such  collectors  and  other  officers,  as  shall  be 
appointed  in  the  respective  plantations,  to  collect,  levy,  and  r«- 


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Ceive  the  same,  before  the  landing  thereof,  and  under  such  penal* 
ties,  both  to  the  officers,  and  upon  the  goods,  as  for  non-payment 
of,  or  defrauding  his  majesty  of  his  customs  in  England.  And  for 
the  better  colletting  of  the  several  rates  and  duties  imposed  by  this 
act^  be  it  enacted  that  this  ^hole  business  shall  be  ordered  and 
managed,  and  the  several  duties  hereby  imposed  shall  be  caused 
to  be  levied  by  the  commissioners  of  the  cuttoms  in  England,  by  and 
under  the  authority  of  the  lord  treasurer  of  England,  or  commis- 
sioners of  the  treasury." 

It  is  apparent,  from  the  reasoning  of  this  statute,  that  these  du- 
ties were  imposed  for  the  sole  purpose  of  revenue.  There  has 
lately  been  a  most  ingenious  play  upon  the  words  and  expressions 
<ax,  revenue,  purpose  of  raising  a  revenue,  sole  purpose  of  raising  a 
revenue,  express  purpose  of  raising  a  revenue,  as  though  their  being 
mserted  in,  or  left  out  of  a  statute,  would  make  any  essential  dif- 
ference in  the  statute.  This  is  mere  playing  with  words  ;  for  if, 
from  the  whole  tenor  of  the  act,  it  is  evident,  that  (he  intent  of 
the  legislature  was  to  tax,  rather  than  to  regulate  the  trade,  by 
imposing  duties  on  goods  and  merchandise,  it  is  to  all  intents  and 
purposes,  an  instance  of  taxation,  be  the  form  of  words,  in  which 
the  statute  is  conceived,  what  it  will.  That  such  was  the  intent 
of  the  legislature,  in  this  instance,  any  one  that  will  take  the  pains 
to  read  it,  will  be  convinced.  There  have  been  divers  alterations 
made  in  this  by  subsequent  statutes,  but  some  of  the  above  taxes 
remain,  and  are  collected  and  paid  in  the  colonies  to  this  day. 
By  an  act  of  the  7th.  and  8th.  of  William  and  Mary,  it  is  enacted, 
"  that  every  seaman,  whatsoever,  that  shall  serve  his  majesty,  or 
any  other  person  whatever  in  any  of  his  majesty's  ships  or  vessels, 
whatsoever,  belonging,  or  to  belong  to  any  subjects  of  England, 
or  any  other  his  majesty's  dominions,  shall  allow,  and  there  shall 
be  paid  out  of  the  wages  of  every  such  seaman,  to  grow  due  for 
such  his  service,  six-pence  per  annum  for  the  better  support  of 
the  said  hospital,  and  to  augnpent  the  revenue  thereof."  This  tax 
was  imposed  in  tlie  reign  of  king  William  3d.  of  blessed  memory, 
and  is  still  levied  in  the  colonies.  It  would  require  a  volume  to 
recite,  or  minutely  to  remark  upon  all  the  revenue  acts  that  relate 
to  America.  W^e  find  them  in  many  reigns,  imposing  new  duties, 
taking  off,  or  reducing  old  ones,  and  making  provision  for  their 
collection,  or  neiv  appropriations  of  them.  By  an  act  of  the  7th. 
and  8th.  of  William  and  Mary,  entitled,  "  an  act  for  preventing 
frauds  and  regulating  abuses  in  the  plantations."  All  former  acts 
respecting  the  plantations  are  renewed,  and  all  ships  and  vessels 
coming  into  any  port  here,  are  liable  to  the  same  regulations  and 
restrictions,  as  ships  in  the  ports  in  England  are  liable  to ;  and 
enacts,  "  That  the  officers  for  collecting  and  managing  his  majesty^s- 
revenue,  and  inspecting  the  plantation  tragic  in  many  of  the  said  plan- 
tations,  shall  have  the  same  powers  and  authority  for  visiting 
and  searching  of  ships,  and  taking  their  entries,  and  for  seizing,  or 
securing,  or  bringing  on  shore  any  of  the  goods  prohibited  to  be 


201 


imported  or  exported  into  or  out  of  any  of  the  said  colonitis  and 
plantations^,  orjor  which  any  duties  are  f>ayable^  or  oisrht  to  be  paid 
by  any  of  the  before  mentioned  acts^  as  are  provided  for  the  officers  of 
the  ctistoms  in  England  " 

The  act  of  the  9th  of  Q,ueen  Ann,  for  establishing  a  post-of- 
fice, gives  this  reason  for  its  establishment,  and  for  laying'  taxes 
thereby  imposed  on  the  carriage  of  letters  in  Great  Britain  and 
Ireland,  the  colonies  and  plantations  in  N"orth  America  and  the 
West  Indies,  and  all  other  her  majesty's  dominions  aad  territories, 
"  that  the  business  may  be  done  in  such  manner  as  may  be  most 
beneficial  to  the  people  of  these  kingdoms,  and  her  majesty  may 
be  supplied,  and  the  revenue  arising  by  the  said  office,  better  im- 
proved, settled,  and  secured  to  her  maje'^ty,  her  heirs,  and  succes- 
sors." The  celebrated  patriot.  Dr.  Franklin,  was  till  lately  one 
of  the  principal  collectors  of  it.  The  merit  in  putting  the  post- 
office  in  America  upon  such  a  footing  us  to  yield  a  large  revenue 
to  the  crown,  is  principally  ascribed  to  bim  by  the  whigs.  I  would 
not  wish  to  detract  from  the  real  merit  of  that  gentleman,  but  had 
a  tory  been  half  so  assiduous  in  increasing  the  America  revenue, 
Novanglus  would  have  wrote  parricide  at  the  end  of  his  name. 
By  an  act  of  the  sixth  of  George  2d.  a  duty  is  laid  on  all  foreign 
rum,  molasses,  syrups,  sugars,  and  paneles,  to  be  raised,  levied, 
collected,  and  paid  unto,  and  for  the  use  of  his  majesty,  his  heirs,  and 
successors.  The  preamble  of  an  act  of  the  fourth  of  his  present 
majesty  declares,  "  that  it  is  just  and  necessary  that  a  revenue  in 
America  for  defraying  the  expences  of  defending,  protecting,  and  ac- 
curing  the  same,''''  &c.  by  which  act  duties  are  laid  upon  foreign 
sugars,  coSee,  Madeira  wine  ;  upon  Portugal,  Spanish,  and  all 
other  wine,  except  French  wine,  imported  from  Great  Britain; 
upci  silks,  bengals,  stuffs,  calico,  linen  cloth,  cambric,  and  lawn, 
imported  from  particular  places. 

Thus,  my  friends,  it  is  evident,  that  the  parliament  has  been  in 
the  actual,  uninterrupted  use  and  exercise  of  the  right  claimed 
by  them,  to  raise  a  revenue  in  America,  from  a  period  more  re- 
mote than  the  grant  of  the  present  charter,  to  this  day.  These 
revenue  acts  have  never  been  called  unconstitutional  till  very 
lately.  Both  whigs  and  tories  acknowledged  them  to  be  constitu- 
tional. In  1.764,  Governor  Bernard  wrote  and  transmitted  to  his 
friends,  his  polity  alluded  to,  and  in  part  recited  by  Novanglus, 
wherein  he  asserts  the  right  or  authority  of  the  parliament  to  tax 
the  colonies  Mr.  OMs,  whose  patriotism,  sound  policy,  profound 
learning,  integrity  and  honour,  is  mentioned  in  strong  terms  by 
Novanglus,  in  the  self-same  year,  in  a  pamphlet  which  ho  pub- 
lished to  the  whole  world,  asserts  the  right  or  authority  of  parlia- 
ment to  tax  the  colonies,  as  roundly  as  ever  Governor  Bernard 
did,  which  I.  shall  have  occasion  to  take  an  extract  from  hereafter. 
Mr.  Otis  was  at  that  time  the  most  popular  man  in  the  province, 
and  continued  his  popularity  many  years  afterwards. 


11 


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202 


Is  it  not  a  moat  astonishing  instance  of  caprice,  or  infatuation, 
that  a  province,  torn  from  its  foundations,  should  be  precipitating 
itself  into  a  war  with  Great  Britain,  because  the  British  parliament 
asserts  its  right  of  raiding  a  revenue  in  America,  inasmuch  as  the 
claim  of  that  right  is  as  ancient  as  the  colonies  themselves;  and 
there  is  at  present  no  grievous  exercise  of  it?  The  parliaments 
refusing  to  repeal  the  act  is  the  ostensible  foundation  of  our 
quarrel.  If  we  ask  the  whigs  whether  the  pitiful  three  penny 
duty  upon  a  luxurious,  unwholesome,  foreign  commodity  gives 
jiist  occasion  for  the  opposition  ;  they  tell  us  it  is  the  precedent 
they  are  contending  about,  in:<inuating  that  it  is  an  innovation. 
But  this  ground  is  not  tenable ;  for  a  total  repeal  of  the  tea  act 
would  not  serve  us  upon  the  score  of  precedents.  They  are  nu- 
merous without  this  The  whigs  have  been  extremely  partial  res- 
pecting tea.  Poor  tea  has  been  made  the  shibboleth  of  party,  while 
molasses,  wine,  cotfee,  indigo,  &c.  &c.  have  been  unmolested.  A 
person  that  drinks  New  England  rum,  distilled  from  molasses,  sub- 
ject to  a  like  duty,  is  equally  deserving  of  a  coat  of  tar  and  feath- 
ers, with  him  that  drinks  tea.  A  coffee  drinker  is  as  culpable  as 
either,  viewed  in  a  political  light.  But,  say  our  patriots,  if  the 
British  parliament  may  take  a  penny  from  us,  without  our  consent, 
they  may  a  pound,  and  so  on,  till  they  have  filched  away  all  our 
property.  This  incessant  incantation  operates  like  a  spell  or 
charm,  and  checks  the  efforts  of  loyalty  in  many  an  honest  breast. 
Let  us  give  it  its  full  weight.  Do  they  mean,  that  if  the  parlia- 
ment has  a  right  to  raise  a  revenue  of  one  penny  on  the  colonies, 
that  they  must  therefore  have  a  right  to  wrest  from  us  all  our 
property  ?  If  tliis  be  their  meaning,  1  deny  their  deduction  ;  for 
the  supreme  legislature  can  have  no  right  to  tax  any  part  of  the 
empire  to  a  greater  amount,  than  itsjust  and  equitable  proportion 
of  the  necessary,  national  expence.  This  is  a  line  drawn  by  the 
constitution  itself.  Do  they  mean,  that  if  we  admit  that  the  par- 
liament may  coustitutionally  raise  one  penny  upon  us  for  the  pur- 
poses of  revenue,  they  will  probably  proceed  from  light  to  heavy 
tuxes,  till  their  impositions  become  grievous  and  intolerable  ? 
This  amounts  to  no  more  than  a  denial  of  the  right,  lest  it  should 
be  abused.  But  an  argument  drawn  from  the  actual  abuse  of  a 
power,  will  not  conclude  to  the  illegality  of  such  power,  much 
less  will  an  argument  drawn  from  a  capability  of  its  being  abused. 
If  it  would,  we  might  readily  argue  away  all  power,  that  man  is 
entrusted  with.  I  will  admit,  that  a  power  of  taxation  is  more 
liable  to  abuse,  than  legislation  separately  considered  ;  and  it 
would  give  me  pleasure  to  see  some  other  line  drawn ;  some 
other  barrier  erected,  than  what  the  constitution  has  already  done, 
if  it  be  possible,  whereby  the  constitutional  authority  of  the 
supreme  legislature,  might  be  preserved  entire,  and  America  be 
guaranteed  in  every  right  and  exemption,  consistent  with  her 
subordination  and  dependance.  But  this  can  only  be  done  by  par- 
liament.    I  repeat  I  am  no  advocate  for  a  land  tax,  or  any  other 


203 


*    *  ■*  v' 

1 


kind  of  internal  tax,  nor  do  I  tliink  we  were  in  any  danger  of 
them.  I  have  not  been  able  to  discover  one  symptom  of  any 
such  intention  in  the  parliament,  since  the  repeal  of  the  stamp* 
act.  Indeed,  the  principal  speakers  of  the  majority,  that  repeal- 
ed the  stamp-act  drew  the  line  for  us,  between  internal  and  ex- 
ternal tiixation,  and  I  think  we  ought,  in  honour,  justice,  and  good 
policy,  to  have  acquiesced  therein,  at  least  until  there  was  some 
burdensome  exercise  of  taxation.  For  there  is  but  little  danger 
from  the  latter,  that  is  trom  duties  laid  upon  trade,  as  any  griev- 
ous restriction  or  imposition  on  American  trade,  would  be  sensi- 
bly felt  by  the  British  ;  and  1  think  with  Dr.  Franklin,  that  "  they 
(the  British  nation)  have  a  natural  and  equitable  right  to  some 
toll  or  duty  upon  merchandizes  carried  through  that  part  of  their 
dominions,  viz  :  the  American  seas,  towards  defraying  the  expence 
they  are  at  in  ships  to  maintain  the  safety  of  that  carriage." 
These  were  his  words  in  his  examination  at  the  bar  of  the  house, 
in  1765.  Sed  tempora  mutantur  ei  nos  mutamur  in  illis.  Before 
we  appeal  to  heaven  for  the  justice  of  our  cause,  we  ought  to 
determine  with  ourselves,  some  other  questions,  whether  America 
is  not  obliged  in  equity  to  contribute  something  toward  the  na- 
tional defence  :  whether  the  present  American  revenue, 
amounts  to  our  proportion  :  and  whether  we  can,  with  any  toler- 
able grace,  accuse  Great  Britain  of  injustice  in  imposing  the  late 
duties,  when  our  assemblies  were  previously  called  upon,  and 
refused  to  make  any  provision  for  themselves.  These,  with  sev- 
eral imaginary  grievances,  not  yet  particulfirly  remarked  upon, 
I  shall  consider  in  reviewing  the  publications  of  Novanglus  ;  a 
performance  which,  though  not  destitute  of  ingenuity,  I  read  with 
a  mixture  of  grief  and  indignation,  as  it  seems  to  be  calculated  to 
blow  up  every  spark  of  animosity,  and  to  kindle  such  a  flame,  as 
must  inevitably  consume  a  great  part  of  this  once  happy  province, 
before  it  can  be  extingnished.  MASSACHUSETTENSIS. 


■mi 

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ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay, 

March  6,  1775. 


:t? 


W^:'  ■  .- 


MY  DEAR  COUNTRYMEN, 

NOVANGLUS,  and  all  others,  have  an  indisputable  right  to 
publish  their  sentiments  and  opinions  to  the  world,  provided  they 
conform  to  truth,  decency,  and  the  municipal  laws,  of  the  society 
of  which  they  are  members.  He  has  wrote  with  a  professed  de- 
sign of  exposing  the  errors  and  sophistry  which  he  supposes  are 


j; 


':  ;■:  1 


304 


f. 


I  '■■ 


■■I 


freqiiAnt  in  my  publications.     His  denign  is  so  far  laudnblef  and  I 
inlend  to  correct  them  wherever  he  convinces  me  there  is  an  in- 
stance of  either.     1  have  no  objection  to  the  minutest  disquisition; 
contradiction  and  disputation,  like  the  collision  of  6int  and  steel, 
often  strike  out  new  li^ht ;  the  bare  opinions  of  either  of  us,  un- 
accompanied by  the  gfrounds  and  reasons  upon  which  they  were 
formed,  must  be  considered  only  as  propositions  made  to  the  read- 
er, for  him  to  adopt,  or  reject  as  his  own  reason  may  judge,  or 
feelings  dictate.     A  large  proportion  of  the  labours  of  Novanglus 
consist  in  denials  of  my  allegations  in  matters  of  such  public  no- 
toriety, as  that  no  reply  is  necessary.     He  has  alleged  many 
things  destitute  of  foundation  ;  those  that  affect  the  main  object  of 
our  pursuit,  but  remotely,  if  at  all,  I  shall  pass  by  without  par- 
ticular remark  ;  others,  of  a   more  interesting  nature,  I  shall 
review  minutely.     After  some  general  observations  upon  Massa- 
chesettensis,  he  slides  into  a  most  virulent  attack  upon  particular 
persons,  by  names,  with  such  incomparable  ease,  that  shews  him 
to  be  a  great  proficient  in  the  modern  art  of  detraction  and  ca- 
lumny.    He  accuses  the  late  governor  Shirley,  governor  Hutch- 
inson, the  late  lieutenant  governor  Oliver,  the  late  judge  Russell, 
Mr.  Paxton,  and  brigadier  Ruggles,  of  a  conspiracy  to  enslave 
their  country.     The  charge  is  high  coloured  ;  if  it  be  just,  they 
merit  the  epithets  dealt  about  so  indiscriminately,  of  enemies  to 
their  country.     If  it  be  groundless,  Novanglus  has  acted  the  part 
of  an  assassin,  in  thus  attempting  to  destroy  the  rcputatioii  of  the 
living;  and  of  something  worse  than  an  assassin,  in  entering  those 
hallowed  mansions,  where  the  wicked  commonly  cease  from  trou- 
bling, and  the  weary  are  at  rest,  to  disturb  the  repose  of  the  dead. 
That  the  charge  is  groundless  respecting  governor  Bernard,  gov- 
ernor Hutchinson,  and  the  late  lieutenant  governor,  I  dare  assert, 
because  they  have  been  acquitted  of  it  in  such  a  manner,  as  every 
good  citizen  must  acquiesce  in.     Our  house  of  representatives, 
acting  as  the  grand  inquest  of  the  province,  presented  them  before 
the  king  in  council,  and  after  a  full  hearing,  they  were  acquitted 
with  honour,  syid  the  several  impeachments  dismissed,  as  ground- 
less, vexatious,  and  scandalous.     The  accusation  of  the  house  was 
similar  to  this  of  Novanglus ;  the  court  they  chose  to  institute 
their  suit  in,  was  of  competent  and  high  jurisdiction,  and  its  de- 
cision final.     This  is  a  sufficient  answer  to  the  state  charges  made 
by  this  writer,  so  far  as  they  respect  the  governors  Bernard, 
Hutchinson  and  Oliver,  whom  he  accuses  as  principals ;  and  it  is 
a  general  rule,  that  if  the  principal  be  innocent,  the  accessary 
cannot  be   guilty.     A  determination  of  a  con^ititutional  arbiter 
ought  to  seal  up  the  lips  of  even  prejudice  itself,  in  silence ;  oth- 
erwise litigation  must  be  endless.    This  calumniator,  nevertheless, 
has  the  effrontery  to  renew  the  charge  in  a  public  news  paper, 
although  thereby  he  arraigns  our  most  gracious  Sovereign,  and 
the  lords  of  the  privy  council,  as  well  as  the  gentlemen  he  has 
named.    Not  content  with  woanding  the  honour  of  judges,  coqa- 


205 


tellors  and  governors,  with  missile  w«npon9,  dnrted  from  nn  ob< 
scare  corner,  he  now  aims  a  blow  at  majesty  itself.  Any  one  maj^ 
accuse ;  but  accusation,  unsupported  by  proof,  recoils  upon  the 
head  of  the  accuser.  It  is  entertaining  enougli  to  consider  the 
crimes  and  misdemeanors  alleged,  and  then  examinu  tlio  evidence 
be  adduces,  stript  of  the  false  cflare  he  has  thrown  upon  it. 

The  crimes  are  these;    the  persons  named  by  him  conspired 
toj^cther  to  enslave  thoir  country,  in  consrquence  of  a  plan,  the 
outlines  of  which   have  been  drawn  by  sir  Edmund  Andross  and 
othera,  and  handed  down  by   tradition  to  the  present  times.     He 
tells  US  that  governor  Shirley,  in  1754,  communicated  the  profound 
secret,  the  great  design  of  taxing  the  colonics  by  act  of  parliament, 
to  the  sagacious  jijentleman,  eminent  philosopher,  and  di^linguish- 
ed  patriot,  Dr.  Franklin.     The  profnuml  secret  is  this  ;  after  the 
commencement  of  '    stilities  between  the  English  and  French  col- 
onies in  the  last  war,    a  convention   of  committees  from  several 
provinces   were  called  by  the  king,  to  agree  upon  some  general 
plan  of  defence      The  principal  ditficulty  they  met   with  was  in 
devising  means  whereby  each  colony  might  be  obliged  to  contri- 
bute its  proportionable  part.     General  Shirley  proposed  that  ap- 
plication shcndA  be  made  to  parliament  to  impower  the  committees  of 
the  several  colonies  to  tax  the  whole  according  to  their  several  propor- 
tions.    This  plan  was  adopted  by   the  convention,  and  approved 
of  by  the  assembly  in  New  York,  who  passed  a  resolve  in  these 
words  :  "  That  the  scheme  proposed  by  governor  Shirley  for  the 
defence  of  the  British  colonies  in  North  America,  is  well  concert- 
ed,  and  that  this  colony  joins  therein."      This  however  did  not 
succeed,  and  he  proposed  another,  viz.  for  the  parliament  to  assess 
each  one's  proportion,  and  in  case  of  failure  to  raise  it  on  their 
part,  that  it  should  be  done  by  parliament.     This  is  the  profound 
secret     His  assiduity*  in  endeavouring  to  have  some  effectual 
plan  of  general  defence  established,  is,  by  the  false  colouring  of 
this  writer,  represented  as  an  attempt  to  aggrandise  himself,  fami- 
ly and  friends  ;  and  that  gentleman,  under  whose  administration 
the  several  parties  in  the  province  were  as  much  united,  and  the 
whole  province  rendered  as  happy  as  it  ever  was,  for  so  long  a 
time  together,  is  called  a  ^^crafty,  busy,  ambitious,  intriguing,  en- 
terprizing  man."     This  attempt  of  Governor  Shirley  for  a  par- 
liamentary taxation,  is  however  a  circumstance  strongly  militating 
with  this  writer's  hypothesis,  for  the  approbation  shewn  to  the 
Governor's  proposal  by  the  convention,  which  consisted  of  per- 
sons from  the  several  colonies,  not  inferior  in  point  of  discern- 
ment, integrity,  knowledge  or  patriotism  to  the  members  of  our 
Inte  grand  congress^  and  the  vote  of  the  New  York  assembly  fur- 
nishes pretty  strong  evidence  that  the  authority  of  parliament, 
even  in  point  of  taxation,  was  not  doubted  in  that  day.     Even 
Dr.  Franklin,  in  the  letter  alluded   to,  does  not  deny  the  right. 
His  objections  go  (o  the  inexpediency  of  the  measure.     He  sup- 
poses U  would  create  uneasiness  in  the  minds  of  the  colonitft:> 


'<  i 


-vri' 


•?% 


206 


lit,i:   ;■'' 
'    ill 


I."! 


•    !i* 


:»•!,! 


■r* 


should  they  be  thus  taxed,  unless  they  wen;  previously  allowed 
to  send  representatives  to  parliament.  If  Dr.  FranUlin  really 
supposes  that  the  parliament  has  no  constitutional  right  to  raise 
a  revenue  in  America,  1  must  confess  myself  at  a  loss  to  reconcile 
his  conduct  in  accepting  the  oflice  of  post-master,  and  his  assidui- 
ty in  increasing  the  revenue  in  that  department,  to  the  patriotism 
predicated  of  him  by  Novanglus,  especially  as  this  unfortunately 
happens  to  be  an  internal  tax.  This  writer  then  tells  us,  that  the 
plan  was  interrupted  by  the  war,  and  afterwards  by  Governor 
PownaPs  administration.  That  Messieurs  Hutchinson  and  Oliver, 
stung  with  envy  at  Governor  Pownal's  favourites,  propagated 
slanders  respecting  him  to  render  him  uneasy  in  his  seat.  My 
answer  is  this,  that  he  that  publishes  such  falsehoods  as  these  in 
a  public  newspaper,  with  an  air  of  seriousness,  insults  the  nnde«'- 
standing  of  the  public,  more  than  he  injures  the  individuals  he 
defames.  In  the  next  place  we  are  told,  that  Governor  Bernard 
was  the  proper  man  for  this  purpose,  and  he  was  employed  by 
the  junto  to  suggest  to  the  ministry  the  project  of  taxing  the  col- 
onies by  act  of  parliament.  Sometimes  Governor  Bernard  is  the 
arch  enemy  of  America,  the  source  of  all  our  troubles,  now  only 
a  tool  in  the  hands  of  others.  1  wish  Novanglus's  memory  had 
served  him  better,  his  tale  might  have  been  consistent  with  itself, 
however  variant  from  truth.  After  making  these  assertions  with 
equal  gravity  and  assurance,  he  tells  us,  he  does  not  advance  this 
without  evidence.  I  had  been  lookiag  out  for  evidence  a  long 
time,  and  was  all  attention  when  it  was  promised,  but  my  disap- 
pointment was  equal  to  the  expectation  he  had  raised,  when  I 
found  the  evidence  amounted  to  nothing  more  than  Governok' 
Bernard's  letters  and  principles  of  law  and  polity,  wherein  he  as- 
serts the  supremacy  of  parliamet  over  the  colonies  both  as  to 
legislation  and  taxation.  Where  this  writer  got  his  logic,  I  do 
not  know.  Reduced  to  a  syllogism,  his  argument  stands  thus ; 
Governor  Bernard,  in  176*1  wrote  and  transmitted  to  England 
certain  letters  and  principles  of  law  and  polity,  wherein  he  asserts 
the  right  of  parliament  to  tax  the  colonies;  Messieurs  Hutchin- 
son and  Olivei  were  in  unison  with  him  in  all  his  measures  ; 
tlierefore  Messieurs  Hutchinson  and  Oliver  employed  Governor 
Bernard  to  suggest  to  the  ministry  the  project  ot  taxing  the  colo- 
nics by  act  of  parliament.  The  letters  and  principles  are  the 
whole  of  the  evidence,  and  this  is  all  the  appearance  of  argument 
contained  in  his  publication.  Let  us  examine  the  premises. 
That  Governor  Bernard  asserted  the  right  of  parliament  to  tax 
Iha  colonies  in  1764,  is  true.  So  did  Mr.  Otis,  in  a  pamphlet  he 
published  the  self-same  year,  from  which  I  have  already  taken  an 
extract.  Id  a  pamphlet  published  in  1765,  Mr.  Otis  tells  us,  "  it 
is  certain  that  the  parliament  of  Great  Britain  hath  a  just,  clear, 
equitable  and  constitutional  right,  power  and  authority  to  bind 
the  colonies  by  all  acts  wherein  they  are  named.  Every  lawyer, 
ii;!y  every  Tyro,  knows  this ;  no  less  certain  is  it  that  the  parlia- 


207 


^  nliowed 
I  in  runlly 
it  to  raise 
reconcile 
in  a^sidui- 
patriotism 
n'tunatfly 
I,  that  the 
Governor 
nd  Oliver, 
ropagatcd 
leat.  My 
3  these  in 
he  iindei'* 
iriduals  he 
r  Bernard 
ployed  by 
^  the  col- 
ard  ii  the 
now  only 
mory  had 
vith  itrjeir, 
Lions  with 
ance  this 
ice  a  long 
my  disap- 
d,  when  I 
Governor 
Mn  he  as- 
)Oth  as  to 
)gic,  I  do 
ids  thus ; 

England 

le  asserts 

Hutchin- 

leas'ires  ; 

Governor 

the  colo- 

are  the 
argument 
premises. 
;nt  to  tax 
iphiet  he 

taken  an 
Is  us,  "  it 
ist,  clear, 

to  bind 
f  lawyer, 
\e  parlia> 


nient  of  Great  Britain  has  a  just  and  equitable  right,  power  and 
authority  to  impose  taxes  on  tho  colonies  internal  and  external^  on 
lands  as  well  as  on  traded  Hut  does  it  follow  from  Governor 
Bernanrs  transmitting  his  principles  of  polity  to  four  persons  in 
England,  or  from  Mr.  Otis's  publishing  to  the  whole  world  similar 
principles,  that  either  the  one  or  the  other  suggested  to  the  min. 
islry  the  project  of  taxing  the  colonies  by  act  of  parliament  ? 
Hardly,  supposing  the  transmission  and  publication  had  been  prior 
(o  the  resolution  of  parliament  to  that  purpose  ;  but  very  unfor- 
tunately for  our  reasoner,  they  were  both  subsequent  to  it,  and 
were  the  effect  and  not  the  cause. 

The  history  of  the  stamp  act  is  this.  At  the  close  of  the  last 
war,  which  was  a  native  of  America,  and  increased  the  national 
debt  upwards  of  sixty  millions,  it  was  thought  by  parliament  to 
be  but  equitable,  that  an  additional  revenue  should  be  raised  in 
America,  towards  defraying  the  necessary  charges  of  keeping  it 
in  a  state  of  dorcnco.  A  resolve  of  this  nature  was  passed,  and 
the  colonies  made  acquainted  with  it  through  their  agents,  in 
1764,  that  their  assemblies  might  make  the  necessary  provision 
if  they  would.  The  assemblies  neglected  doing  any  thing,  and 
the  parliament  passed  the  stamp  act.  There  is  not  so  much  as 
a  colourable  pretence  that  any  American  had  a  hand  in  the  mat- 
ter. Had  governor  Bernard,  governor  Hutchinson,  or  the  late 
lieutenant  governor  been  any  way  instrumental  in  obtaining  the 
stamp  act,  it  is  very  strange  that  not  a  glimpse  of  evidence  should 
ever  have  appeared,  especially  when  we  consider  that  their  pri- 
vate correspondence  has  been  published,  letters  which  were 
written  in  the  full  confidence  of  unsuspecting  friendship.  The 
evidence,  as  Novanglus  calls  it,  is  wretchedly  deficient  as  to  fix- 
ing the  charge  upon  governor  Bernard  ;  but,  even  admitting  that 
governor  Bernard  suggested  to  the  ministry  the  design  of  taxing, 
there  is  no  kind  of  evidence  to  prove  that  the  junto,  as  this  ele- 
gant writer  calls  the  others,  approved  of  it,  much  less  that  they 
employed  him  to  do  it.  But,  says  he,  no  one  can  doubt  but  thiit 
Messieurs  Hutchinson  and  Oliver  were  in  unison  with  governor 
Bernard,  in  all  his  measures.  This  is  not  a  fact,  Mr.  Hutchinson 
dissented  from  him  respecting  the  alteration  of  our  charter,  and 
wrote  to  his  friends  in  England  to  prevent  it.  Whether  gover- 
nor Bernard  wrote  in  favour  of  the  stamp  act  being  repealed  or 
not  I  cannot  say,  but  I  know  that  governor  Hutchinson  did,  and 
have  reason  to  think  his  letters  had  great  weight  in  turning  the 
scale,  which  hung  doubtful  a  long  time,  in  favour  of  the  repeal. 
These  facts  are  known  to  many  in  the  province,  whigs  as  well  as 
tories,  yet  such  was  the  infatuation  that  prevailed,  that  the  mob 
destroyed  his  house  upon  supposition  that  he  was  the  patron  of 
the  stamp  act.  Even  in  the  letters  wrote  to  the  late  Mr.  Whate- 
ly,  we  find  him  advising  to  a  total  repeal  of  the  tea  act.  It  can- 
not be  fairly  inferred  from  persons'  intimacy  or  mutual  confidence, 
that  they  always  approve  of  each  others  plans.     Messieurs  Oti-, 


1% 


^^t 


I 


'U  < 


ll 


■■> : 


■ft  i« 


m 


I:-  '  ;r 


I 


-I- 


\\ 


■-,11  ; 


208 


Cu8hin)(,  Hancuck  ami  Adnma  were  m  contidflDtinl  friends,  and 
made  common  cause  equiilty  with  Ihe  othpr  gentlemen.  May  we 
th^'oce  inffT,  that  the  tliree  latter  hold  that  the  parliament  has  a 
just  and  equitiibU  r'ght  to  impof>e  taxes  on  the  colonies  ?  Or,  that 
"  the  time  may  come,  when  the  real  interest  of  the  whole  may 
require  an  act  of  parliament  to  annihilate  all  our  charters?" 
For  these  also  are  Mr.  Olis's  words.  Or  may  we  lay  it  down  ai 
a  principle  to  reason  from,  that  these  g;entlemen  never  disagree 
respecting  measures  ?  We  know  they  do  often,  very  materially. 
This  writer  is  unlucky  hoth  in  his  principles  and  inferences. 
But  where  is  the  evidence  respecting  brigadier  Ruggles,  Mr. 
Paxton,  and  the  late  judge  Russel  ?  he  does  not  produce  even 
the  shadow  of  a  shade.  He  does  not  even  pretend  tlint  they  were 
in  unison  with  governor  Bernard  in  all  his  measures.  In  mattcn 
of  small  moment  a  man  may  be  allowed  to  amuse  with  ingenious 
fiction,  but  in  personal  accusation,  in  matters  so  interesting  both 
to  the  individual  and  to  the  public,  reason  and  candour  require 
something  more  than  assertion,  without  proof,  dccUimation  with- 
out argument,  and  censure  without  dignity  or  moderation  :  this 
however,  is  characteristic  of  Novanglus.  It  is  the  stale  trick  of 
the  whig  writers  feloniously  to  stab  the  reputation,  when  their 
antagonists  are  invulnerable  in  (heir  public  conduct. 

These  gentlemen  were  all  of  them,  and  the  survivers  still  con- 
tinue to  be,  friends  of  the  English  constitution,  equally  tenacious 
of  the  privileges  of  the  people,  and  of  the  prerogative  of  the 
crown,  zealous  advocates  for  the  colonies  continuing  their  consti- 
tutional dependance  upon  Great  Britain,  as  they  think  it  no  less 
the  interest  than  the  duty  of  the  colonists ;  averse  to  tyranny  and 
•pprnssion  in  all  their  forms,  and  always  ready  to  exert  themselves 
for  the  relief  of  the  oppressed,  though  they  differ  materially  from 
the  whigs  in  the  mode  of  obtaining  it ;  they  discharged  the  duties 
of  the  several  important  departments  they  were  called  to  fill,  with 
equal  faithfulness  and  ability ;  their  public  services  gained  them 
the  confidence  of  the  people,  real  merit  drew  after  it  popularity; 
their  principles,  firmness  and  popularity  rendered  them  obnoxious 
to  certain  persons  amongst  us,  who  have  long  been  indulging  them- 
selves, in  hopes  of  rearing  up  an  American  commonwealth,  upon 
the  ruin  of  the  British  constitution.  This  republican  party  is  of 
long  standing  ;  thoy  lay  however,  in  a  great  measure,  dormant  for 
several  years.  The  distrust,  jealousy  and  ferment  raised  by  the 
stamp  act,  afforded  scope  for  action.  At  first  they  wore  the 
garb  of  hypocrisy,  they  professed  to  be  friends  to  the  British  con- 
stitution in  general,  but  claimed  some  exemptions  from  their  local 
circumstances ;  at  length  threw  off  their  disguise,  and  now  stand 
confessed  to  the  world  in  their  true  characters,  American  republi- 
cans. These  republicans  knew,  that  it  would  be  impossible  for 
them  to  succeed  in  th<Mr  larling  projects,  without  first  destroying 
the  inlluence  of  these  adherents  to  the  constitution.  Their  only 
method  to  accomplish  it,   was  by  publications  charged  with  fal^ 


209 


hood  nnd  scurrility.  Notwithstanding;  the  favorable  opportunity 
the  stump  act  ^ve  of  irnpoxin^  upon  the  ignorant  and  creduloui, 
1  have  sometimefl  bnnn  am:i/.fd^  to  see  \vith  how  iitth  hexitutinn, 
•ome  slovenly  baiti  were  swallowed.  Sometimes  the  adhrrents 
to  the  constitution  wore  called  ministerial  tools,  at  others,  kinf^s, 
lords  and  commons,  were  the  tools  of  them  ;  for  almost  every  act 
of  parliament  that  has  been  made  respecting  America,  in  the  pres' 
ent  reign,  we  were  told  was  drafted  in  Doston,  or  its  environ.^,  and 
only  sent  to  England  to  run  through  the  forms  of  parliament. 
Such  stories,  however  improbable,  gained  credit;  even  the  ticti- 
tious  bill  for  restraining  marriages  and  murdering  bastard  child* 
ren,  met  with  some  simple  enough  to  think  it  real.  He  that  read' 
ily  imbibes  such  absurdities,  may  claim  atHnity  with  the  person 
mentioned  by  Mr.  Addison,  that  made  it  his  practice  to 
swallow  a  chimera  every  morning  for  breakfast.  To  be  more 
serious,  I  pity  the  weakness  of  those  that  are  capable  of  being 
thus  duped,  almost  as  much  as  I  despise  the  wretch  that  would 
avail  himself  of  it,  to  destroy  private  characters  and  the  public 
tranquility.  By  such  infamous  methods,  many  of  tho  ancient, 
trusty  and  skilful  pilots,  who  had  steered  the  community  safely 
in  the  most  perilous  times,  were  driven  from  the  helm,  and  their 
places  occupied  by  different  persons,  some  of  whom,  bankrupts  in 
fortune,  business  and  fame,  are  now  striving  to  run  the  ship  on  the 
rocks,  that  they  may  have  an  opportunity  of  plundering  the 
wreck.  The  gentlemen  named  by  Novanglus,  have  nevertheless 
persevered  with  unshaken  constancy  and  lirmness,  in  their  patri- 
otic principles  and  conduct,  through  a  variety  of  fortune  ;  and 
have  at  present,  the  mournful  consolation  of  reflecting,  that  had 
their  admonitions  and  councils  been  timely  attended  to,  their  coun- 
try would  never  have  been  involved  in  its  present  calamity. 

MASSACHUSETTENSIS. 


T 


•I 


1 '".  * 


1 :. 


M 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay, 

March  13,  1775. 

MY  DEAR  COUNTRyMEN, 

OUR  patriotic  writers,  as  they  call  each  other,  estimate  the 
services  rendered  by,  and  the  advantages  resulting  from  the  col' 
oniesto  Britain,  at  a  high  rate,  but  allow  but  little,  if  any,  merit 
in  her  towards  the  colonies.  Novanglus  would  persuade  us  that 
exclusive  of  her  assistance  in  the  last  war,  we  have  had  but  little 
of  her  protection,  unless  it  was  such  as  her  name  alone  afforded- 

97 


B: 


I 


iilO 


1  * 


Wi    I 


^l:  ■^1 


'ii 


■I  ..: 

ii-i 


:''f 


/  ?:, 


f}v.  Friitikliii  whou  hcforc  the  houpc  oi'  coinuions,  in  17tJ5,  denied 
that  the  iale  wiir  was  entered  into  I'or  the  defence  of  the  people 
in  America.     The  Henns}  Iv.mia  Farmer  tells  us  in  his  letters,  that 
the  war  was  undertaken  solely  for  Ihe  hcnefit  of  Great  Britain, 
and  that  however  advantageous  the  subduing  or  keeping  any  of 
these  countries,  viz.  Canada,  Nova-Scotia  and  the  Floridas  may 
be  to  Great  Britain,   the  acquisition  is  greatly  injurious  to  these 
colonies.     And  that  the  colonies,  as  constantly  as  streams  tend  to 
the  (cean,  have  been  pourini.^  the  frulls  of  all  their  labours  inlQj 
their  mother's  lap.     TIius,  they  would  induce  us  to  believe,  that 
we  derive  little  or  no  advantae^e  from  GreatBritain,and  thence  they 
infer  the  injustice,  rapacity  and  cruelty  of  her  conduct  towards  us. 
1  fully  agree  with  them,  that  the  services  rendered  by  the  colo- 
nies are  great  and  meritorious.     The  plantations  are  additions  to 
the  empire  of  inestimable   value.      The    American  market   for 
British  manufactures,  the  great  nursery  for  seamen  formed  by  our 
shipping,  the  cultivation  of  deserts,  and  our  rapid  population,  are 
increasing    and    inexhaustible    sources  of  national    wealth  and 
strength.     1  commend  those  patriots  for  their  estimations  of  the 
national  advantages  accruing  from  the  colonies,  as  much  as  I  think 
them  deserving  of  censure  for  depreciating  the  advantages  and 
benefits  that  we  derive  from  Britain.      A  particular  inquiry  into 
the  protection  aftbrded  us,  and  the  commercial  advantages  result- 
ing to  us  from  the  parent  state,  will  go  a  great  way  towards  con- 
ciliating the  affections  of  those  whose  minds  are  at  present  undu- 
ly impressed   with   dilTerent  sentiments   towards  Great  Britain. 
The  intestine  commotions  with  which  England  was  convulsed  and 
torn  soon  after  the  emigration  of  our  ancestors,  probably  prevent- 
ed that  attention  being  given  to  them  in  the  earliest  stages  of  this 
colony,  that  otherwise   \vould  have   been  given.     The  principal 
difliculties  that  the  adventurers  met  with  after  the  struggle  of  a 
few  of  the  first  years  were  over,  wore  the  incursions  of  the  French 
and  savages  conjointly,  or  of  the  latter  instigated  and  supported 
by  the  former.     L'pon  a  representation  of  this  to  England,  in  the 
time  of  the   interregnum,  Acadia,  which  was  then  the  principal 
sotirce  of  our  disquietude,  was  reduced  by  an  English  armament. 
At  the  request  of  this  colony,  in  queen  Ann's  reign,  a  fleet  of  fif- 
teen men  of  war,  besides  triuisjtorts,,  troops,  &c.  were  sent  to  as- 
sist us  in  an  expedition  against  Canada  ;    the  fleet  suffered  ship- 
wreck, and  the    attempt  proved  .Tbortive.^      It  ought  not  to  be 
forgot,  that  the  siege  of  Louisbourg,  in  1745,  by  our  own  forces, 
was  covered  by  a  British  fleet  of  ten  ships,  four  of  60  guns,  one  oi 
i»0,   and   Ave  of  40  guns,  besides  the     Vigilant   of  64,   which 
was  taken  during  the  siege,  as  she  was  attempting  to  throw  sup- 
plies into  the  garrison.      It  is  not  probable  that  the  expedition 
would  have  been  undertaken*  without  an  expectation  of  some  naval 
assistance,  or  that  the  reduction  could  have  been  effected  without 
it.     In  January,  1754,  our  assembly,  in   a  message  to  governor 
•'hirley,  prayed    him  to  represent  to  the  king,  "  that  the  French 


)5,  denied 
^e  people 
tiers,  that 
it  Britaiu, 
ng  any  of 
ridas  may 
g  to  these 
ns  tend  to 
bours  inlQt 
lieve,  that 
leoee  they 
owards  us. 
r  the  colo- 
idditions  to 
Qarket   for 
med  by  our 
lation,  are 
A-eaMh  and 
tions  of  the 
1  as  I  think 
intages  and 
inquiry  into 
ages  result- 
jwards  con- 
•esent  undu- 
eat  Britain, 
nvulsedand 
)ly  preventr 
tages  of  this 
le  principal 
xuggie  of  a 
the  French 
d  supported 
and,  in  the 
je  principal 
armament, 
fleet  o(M- 
sent  to  aS' 
flered  ship- 
ht  not  to  be 
own  forces, 
guns,  one  ol 
64,   which 
throw  sup- 
5  expedition 
'some  naval 
ted  without 
to  governor 
the  French 


211 


had  made  such  extraordinary  encroachments,  and  taken  such  mea- 
sures, since  the  conclusion  of  the  preceding  war,  as  threatened 
gretit  danger,  and  perhaps,  in  time,  even  the  entire  destruction  of 
this  province,  without  the  interposition  of  his  majesty,  notwith- 
standing any  provision  we  could  make  to  prevent  it,"     '^  That  the 
French  had  erected  a  fort  on   the  isthmus  of  the  peninsula  near 
Bay  Vert  in  Nova  Scotia,  by  means  of  which  they  maintained  a 
communication  by  sea  with  Canada,  St.  John's  Island  and  Louis- 
bourg."     "  That  near  the  mouth  of  St.  John's  river,  the  French 
had  possessed  themselves  of  two  forts  formerly  built  by  them,  one 
of  which  was  garrisoned  by  regr.lar  troops,  and  had  erected  anoth- 
er strong  fort  at  twenty  leagues  up  the  river,  and  that  these  en- 
croachments might  prove  fatal  not  only  to  the  eastern  parts  of  his 
majesty's  territories  within  this  province,  but  also  in  time  to  the 
whole  of  this  province,  and  the  rest  of  his  majesty's  territories  on 
this  continent."     "  That  whilst  the  French  held  Acadia  under  the 
treaty  of  St,  Germain,  they  so  cut  off  the  trade  of  this  province, 
and   galled  the  inhabitants  with  incursions  into  their   territories, 
that  OLIVER  CROMWELL  found  it  necessary  for  the  safety  of 
New  England  to  make  a  descent  by  sea  into  the  river  of  St.  John, 
and  dispossess   them  of  that  and  all  the  forts  in  Acadia.      That 
Acadia  was  restored  to  the  French  by  the  trenty  of  Breda  in  1667." 
That   this  colony  felt  again  the  same  mischievous  effects   from 
their  possessing  it,  insomuch,  that  after  forming  several  expedi- 
tions against  it,  the  inhabitants  were  obliged  in  the  latter  end  of 
the  war  in  queen  Ann's  reign,  to  represent  to  her  majesty  how 
destructive  the  possession  of  the  bay  of  Fundy  and  Nova  Scotia, 
by  the  French,  was  to  this  province  and  the  British  trade  ;  where- 
upon the  British  ministry  thought  it  necessary  to  fit  out  a  formal 
expedition  against  that  province  with  English  troops,  and  a  consider- 
able armament  of  our  own,  under  general  Nicholson,  by  which  it 
ivas  again  reduced  to  the  subjection  of  the  crown  of  Great  Britain. 
••'  That  we  were  then,  viz.  in  1754,  liable  to  feel  more  mischiev- 
ous effects  than  we  had  ever  yet  done,  unless  his  majesty  should 
be  graciously  pleased  to  cause  them  to  be  removed."     They  also 
demonstrated  our  danger  from  the  encroachments  of  the  French 
at  Crown  Point.     In  April,  1754,  the  council  and  house  re[(re6ent- 
ed,  "  That  it  evidently  appeared,  that  the  French  were  so  far  ad- 
vanced in  the  execution  of  a  plan  |>rojected  more  than  fifty  years 
since,  for  the  extending  their  possessions  from  the  mouth  of  the 
Mississippi  on  the  south,  to  Hudson's  Buy  on  the  north,  for  secur- 
ing the  vast  body  of  Indians  in  that  inland  country,  and  for  sub- 
jecting  the  whole  continent  to  the  crown  of  France."     "  That 
many  circumstances  gave  them  great  advantages  over  us,  which 
if  not  attended  to,  would  soon  overbalance  our  superiority  of  num- 
bers ;  and  that  these  advantages  could   not  be  ren;oved  withoui 
his  majesty's  gracious  interposition." 

The  assembly  of  Virginia,  in  an  address  to  the  king,  represent- 
ed, "  that  tbc  endeavours  of  the  French  to  establish  a  sotllement 


m 

J-LJ    '  ■ 


1    ''■..« 


"<i 


V'-:!:: 


,'f<    v 


'-\ 


'I!  m  i 


V: 


!^|v  iiii 


'M 


>:<• 


212 


npon  the  frontiers,  wr«  a  high  insult  offered  to  his  majesty,  and  if 
not  timely  opposed,  with  vigor  and  resolution,  must  be  attended 
with  the  most  fatal  consequences,"  and  prayed  his  majesty  to  ex- 
tend his  royal  beneficence  towards  them. 

T'he  commissioners  who  met  at  Albany  the  same  year,  repre- 
sented, "  that  it  was  the  evident  design  of  the  French  to  surround 
the  British  colonies  ;  to  fortify  themselves  on  the  back  thereof; 
to  take  i'nd  keep  possession  of  the  heads  of  all  the  important  riv- 
ers ;  to  draw  over  the  Indians  to  their  interest,  and  with  the  help 
of  such  Indians,  added  to  s<ich  forces  as  were  then  arrived,  and 
might  afterwards  arrive,  or  be  sent  from  Europe,  to  be  in  a  capa- 
city of  making  a  general  attack  on  the  several  governments ;  and 
if  at  the  same  time  a  strong  naval  force  should  be  sent  from 
France,  there  was  the  utmost  danger  that  the  whole  continent 
would  be  subjected  to  the  crown."  '•  That  it  seemed  absolutely 
necessary  that  speedy  and  effectual  measures  should  be  taken  to 
secure  the  colonies  from  the  slavery  they  were  threatened  with." 

We  did  not  pray  in  vain.  Great  Britain,  ever  attentive  to  the 
real  grievances  of  her  colonies,  hastened  to  our  relief  with  mater- 
nal speed.  She  covered  our  seas  with  her  ships,  and  sent  forth 
the  ])ravest  of  her  sons  to  fight  our  battles.  They  fought,  they 
bled  and  conquered  with  us.  Canada,  Nova  Scotia,  the  Floridas, 
and  all  our  American  foes  were  laid  at  our  feet.  It  was  a  dear 
bought  victory  ;  the  wilds  of  America  were  enriched  with  the 
blood  of  the  noble  and  the  brave. 

The  war,  which  at  our  request,  was  thus  kindled  in  America, 
spread  through  the  four  quarters  of  the  globe,  and  obliged  Great 
Britain  to  exert  her  whole  force  and  energy  to  stop  the  rapid 
progress  of  its  devouring  flames. 

To  these  instances  of  actual  exertions  for  our  immediate  pro- 
tection and  defence,  ought  to  be  added,  the  fleets  stationed  on  our 
coast  and  the  convoys  and  security  afforded  to  our  trade  and  fish- 
ery, in  time?  of  war;  and  her  maintaining  in  times  of  peace  such 
a  navy  and  army,  as  to  be  always  in  readiness  to  give  protection 
as  exigencies  may  require  ;  and  her  ambassadors  residing  at  for- 
eign courts  to  watch  and  give  the  earliest  iiTtelligence  of  their 
motions.  By  such  precautions  every  part  of  her  wide  extended 
empire  enjoys  as  ample  security  as  human  power  and  policy  can 
alford.  Those  necessary  precautions  are  supported  at  an  immense 
expense,  and  the  colonics  reap  the  benefit  of  them  equally  with 
the  rest  of  the  empire.  To  these  considerations  it  should  like- 
wise be  added,  that  whenever  the  colonies  have  exerted  them- 
selves in  war,  though  in  their  own  defence,  to  a  greater  degree 
than  their  proportion  with  the  rest  of  the  empire,  they  have  been 
reimbursed  by  parliimentary  grants.  This  was  the  case,  in  the 
last  war,  with  this  province. 

From  this  view,  which  I  think  is  an  impartial  one,  it  is  evident 
that  Great  Britain  is  not  less  attentive  to  our  interest  than  her  own ; 
and  that  her  sons  that  have  settled  ou  new  and  distant  plantation? 


213 


are  equally  dear  to  her  wiili  those  that  cultivute  the  ancient  do- 
main, and  inhabit  the  mansion  bouse. 

MASSACHUSETTENSIS. 


ADDlftESSED 


To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay^^ 

March  20,   1775. 


■'Mm 


T^ 


i\ 


^ui 


1  ;f 


'•'■.I' 


0 


\|/ 


MY    TEAR  COUNTRYMEN, 

THE  outlines  of  British  commerce  have  been  heretofore 
sketched;  and  the  interest  of  each  part,  in  particular,  and  of  the 
whole  empire  conjointly,  have  been  shewn  to  be  the  principles  by 
which  the  grand  system  is  poized  and  balanced.  Whoever  will 
take  upon  himself  the  trouble  of  reading;  and  comparing  the  sev- 
eral acts  of  trade,  which  respect  the  colonies,  will  be  convinced, 
that  the  cherishing  their  trade,  and  promoting  their  interest,  have 
been  the  objects  of  parliamentary  attention,  equally  with  those 
of  Britain  He  will  see,  that  the  great  council  of  the  empire  has 
ever  esteemed  our  prosperity  as  inseperable  from  the  British ; 
and  if  in  some  instances  the  colonies  have  been  restricted  to  the 
emolument  of  other  parts  of  the  empire,  they,  in  their  turn,  not 
excepting  England  itself,  have  been  also  restricted  sufliciently  to 
restore  the  balance,  if  not  to  cause  a  preponderation  in  our 
favour. 

Permit  me  to  transcribe  a  page  or  two  from  a  pamphlet  written 
in  England,  and  lately  republished  here,  wherein  this  matter  is 
stated  with  great  justice  and  accuracy. 

-"  The  people  of  England  and  the  American  adventurers,  being 
80  differently  circumstanced,  it  required  no  great  sagacity  to  dis- 
cover, that  as  there  were  many  commodities  which  America 
could  supply  on  belter  terms  than  they  could  be  raised  in  England, 
so  must  it  be  much  more  for  the  colonies,  advantage  to  take 
others  from  England,  than  attempt  to  make  them  themselves. 
The  American  lands  were  cheap,  covered  with  woods,  and 
abounded  with  native  commodities.  The  lirst  attention  of  the 
settlers  was  necessarily  engaged  in  cutting  down  the  timber,  and 
clearing  the  ground  for  culture ;  for  before  they  had  supplied 
themselves  with  provisions,  and  had  hands  to  spare  from  agricul- 
ture,  it  was  impossible  they  could  set  about  manufacturing.  En- 
gland, therefore,  undertook  to  sup|)ly  thom  with  manufacture^, 
and  either  purchased  herself  or  found  markets  for  the  timber  the 
colonists  cut  down  upon  their  lands,  or  the  lish  they  caught  u[)on 
their  coasts.     It  was  loon  discovered  that  the  tohatco  phtnt  wan  a 


■  #1. 


f0k 


m: 


Ux 


% 


1  ^.. 

It-*.'; 


mm--- 


N.:ri 


M} 


'  %■ 


214 


i.-t  * 


■;,v» 


.':'' 


'        ''  i; 


native  of  and  flouiinhed  in  Virginia.  It  had  been  also  planted  in 
England,  and  was  found  to  delight  in  the  soil.  The  legislature, 
however,\visely  and  equitably  considering  that  E.igland  had  variety 
of  products,  and  Virginia  had  no  other  to  buy  her  necessaries  with, 
passed  an  act  prohibi.ing  the  people  of  England  from  planting  to- 
bacco, and  thereby  giving  the  monopoly  of  that  plant  to  the 
colonics.  As  the  inhabitants  increased,  and  the  lands  became  more 
cultivated,  further  and  new  advantages  were  thrown  in  the  way 
of  the  American  colonies.  All  foreign  markets,  as  well  as  Great- 
Brlain,  were  open  for  their  timber  and  provisions,  and  the  Brit- 
ish VVcst-India  islands  were  prohibited  from  purchasing  those 
commodities  from  any  other  than  them.  And  since  F^ngland  has 
found  itself  in  danger  of  wanting  a  supply  of  timber,  and  it  has 
been  judged  necessary  to  confine  the  export  from  America  ty 
(ireat-Britainand  Ireland,  full  and  ample  indemnity  has  been  giv- 
on  to  the  colonies  for  the  loss  of  a  choice  of  markets  in  Europe, 
by  very  large  boimties  paid  out  of  the  revenue  of  Great  Britain, 
iipon  the  importation  of  American  timber.  And  as  a  further  en- 
couragement and  reward  to  them  for  clearing  their  lands,  boun- 
ties are  given  upon  tar  and  pitch,,  which  are  made  from  their  de- 
cayed and  useless  trees ;  and  the  very  ashes  of  their  lops  and 
brandies  are  made  of  value  by  the  late  bounty  on  American  pot- 
ashes. The  soil  and  climate  of  the  northern  colonies  having 
been  found  well  adapted  to  the  culture  of  flax  aud  hemp,  bounties, 
equal  to  half  the  first  cost  of  those  commodities,  have  been  grant- 
ed by  parliament,  payable  out  of  the  British  revenue,  upon  their 
importation  into  Great  Britain.  The  growth  of  rice  in  the  south- 
ern colonics  has  been  greatly  encouraged,  by  prohibiting  the  im- 
porli'tion  of  that  grain  into  the  British  dominions  from  other  parts, 
and  allowing  it  to  be  transported  from  the  colonies  to  the  for- 
<!:i;ii  territories  in  America,  and  even  to  the  southern  parts  of 
]'.ur(t|)e.  Indigo  has  been  nurtured  in  those  colonies  by  great 
TisM'lijinientary  bounties,  which  have  been  long  paid  upon  the  im- 
])oila(ion  into  Great  Britaiu  ;  and  of  late  are  allowed  to  remain, 
*voii  when  it  is  carried  out  again  to  foreign  markets.  SilL  and 
nine  liave  also  been  objects  of  jjarliamentary  munificence ;  and 
will  one  day  probably  become  considerable  American  products 
inder  that  encouragenuiat.  In  which  of  these  instances,  it  may 
Ik;  demanded,  lias  the  legislature  shown  itself  partial  to  the  peo- 
]>!<'  of  l'2ngland  and  unjust  to  the  colonies?  Or  wherein  have  the 
<;  nlaiMos  been  injured'.'  We  hear  mu''.h  of  the  restraints  under 
uhicli  the  trade  of  the  colonies  is  laid  by  acts  of  parliament  for 
Uu!  advantage  of  Groat  Britain,  but  the  restraints  under  which  the 
pi'ople  of  Great  J]rilain  are  laid  by  acts  of  parliament  for  the  ad- 
vantage of  the  colonies,  are  carefully  kept  out  of  sight;  and  yet, 
upon  a  comparison  the  one  will  be  found  full  as  grievous  as  the 
oilier.  For  is-  it  a  greater  hardship  on  the  colonies,  to  be  con- 
iiiicd  ia  some  instances  to  the  markets  of  Great  Britaiu  for  the  sale 
of  their  commodities,  than  it  is  on  the  people  of  Great  Britain  to 


I'^n 


planted  in 
egislature, 
had  variety 
iaries  with, 
tianting  to- 
ant  to  the 
came  more 
fi  the  way 
1  as  Great- 
d  the  Brit- 
sing  those 
ngland  has 
and  it  has 
America  t:> 
I  been  giv- 
in  Europe, 
lat  Britain, 
further  en- 
inds,  boun- 
1  their  de- 
r  lops  and 
jrican  pot- 
ies  having 
),  bounties, 
leen  grant- 
upon  their 
the  south- 
ng  the  im- 
ther  parts, 

the  for- 
1  parts  of 
3  by  great 
on  the  im- 
to  remain, 

SilL  and 
jnce ;  and 
I  products 
es,  it  may 
3  the  peo- 
>  have  the 
ints  under 
ament  for 
vhich  the 
)r  the  ad- 

and  yet, 
)us  as  the 
o  be  con- 

the  sale 
Britain  to 


m 


aifj 


be  obliged  to  buy  the  commodities  from  them  only  ?  If  the  islam! 
colonies  are  obliged  to  give  the  people  of  Great  Britain  the  pre- 
emption of  their  sugar  and  coffee,  is  it  not  a  greater  hardship  on 
the  people  of  Great  Britain  to  be  restrained  fpom  purchasing  su- 
gar and  coffee  from  other  countries,  where  they  could  get  those 
commodities  much  cheaper  than  the  colonies  make  them  pay  for 
them  ?  Could  not  our  manufactures  hare  indigo  much  l>ctter  and 
cheaper  from  France  and  Spain  than  from  Carolina  ?  And  yet  is 
there  not  a  duty  imposed  by  acts  of  parliament  on  French  and 
Spanish  indigo,  that  it  may  come  to  our  manufacturers  at  a  dearer 
rate  than  Carolina  indigo,  though  a  bounty  is  also  given  out  o(  the 
money  of  the  people  of  England  to  the  Carolina  planter,  to  enable 
him  to  sell  his  indigo  upon  a  par  with  the  French  and  Spanish  'I 
Bat  the  instance  which  has  already  been  taken  notice  of,  the  act 
which  prohibits  the  culture  of  the  tobacco  plant  in  Great  Britaia 
or  Ireland,  is  still  more  in  point,  and  a  more  striking  proof  of  the 
justice  and  impartiality  of  the  supreme  legislature;  for  what  re- 
straints, let  me  ask,  are  the  colonies  laid  under,  which  bear  so 
strong  marks  of  hardship,  as  the  prohibiting  the  farmers  in  Great 
Britain  and  Ireland  from  raising  upon  their  own  lands,  a  product 
which  is  become  almost  a  necessary  of  life  to  them  and  their  fam- 
ilies ?  And  this  most  extraordinary  restraint  is  laid  upon  them,  for 
the  avowed  and  sole  purpose  of  giving  Virginia  and  Maryland  a 
monopoly  of  that  commodity,  and  obliging  the  people  of  Great 
Britain  and  Ireland  to  buy  all  the  tobacco  they  consume,  from 
them,  at  the  prices  they  think  fit  to  sell  it  for.  The  annals  of  no 
country,  that  ever  planted  colonies,  can  produce  such  an  instance 
as  this  of  regard  and  kindness  to  their  colonies,  and  of  restraint 
upon  the  inhabitants  of  the  mother  country  for  their  advantage. 
Nor  is  there  any  restraint  laid  upon  the  inhabitants  of  the  colonies 
in  return,  which  carries  with  it  so  great  appearance  of  hardships, 
although  the  people  of  Great  Britain  and  Ireland  have,  from  their 
regard  and  affection  to  the  colonies,  submitted  to  it  without  a  mur- 
mur for  near  a  century."  For  a  more  particular  inquiry,  let  me 
recommend  the  perusal  of  the  pamphlet  itself,  also  another  pam- 
phlet lately  published,  entitled,  "  the  advantages  which  Amorica 
("orives  from  her  commerce,  connection  and  dependance  on  Great 
Britain." 

A  calculation  has  lately  been  made  both  of  the  amount  of  the 
revenue  arising  from  the  duties  with  which  our  trade  i ^  at  present 
chained,  and  of  the  bounties  and  encouragement  paid  out  of  the 
British  revenue  upon  articles  of  American  produce  imported  into 
England,  and  the  latter  is  found  to  exceed  the  former  more  than 
four  fold.  This  does  not  look  like  a  partiality  to  our  disadvantage. 
However,  there  is  no  surer  method  of  determining  whether  the 
colonies  have  been  oppressed  by  the  laws  of  trade  and  revenue, 
than  by  observing  their  effects. 

From  what  source  has  the  wealth   of  the  colonies  flowed  ? 


Whence  is  it  derived  ?    Not  from  agriculture  only 


exclusive  of 


I 


f 


^•>^.' 


?■■■>'-'; ' 


210 


\'-' 


n 


im 


ii 


commerce  the  colonists  uould  this  day  have  been  u  poor  people, 
pofHessed  of  little  more  than  the  necessaries  for  supporting  life  ; 
of  course  their  numbers  would  be  few  ;  for  population  alwayu 
keeps  pace  with  tHe  ability  of  maintaining  a  family  ;  there  would 
have  been  but  little  or  no  resort  of  strangers  here ;  the  arts 
and  sciences  would  have  made  but  small  progress  ;  the  inhabitants 
would  rather  have  degenerated  into  a  slate  of  ignorance  and  bar- 
barity. Or  had  Great  Britain  laid  such  restrictions  upon  our  trade, 
as  our  patriots  would  induce  us  to  believe,  that  is,  had  we  been 
pouring  the  fruits  of  all  our  labour  into  the  lap  of  our  parent  and 
been  enriching  her  by  the  sweat  of  our  brow,  without  receiving 
an  equivalent,  the  patrimony  derived  from  our  ancestors  must 
have  dwindled  from  little  to  less,  until  their  posterity  should  have 
suffered  a  general  bankruptcy. 

But  how  different  are  the  effects  of  our  connection  with,  and 
subordination  to  Britain  ?  They  are  too  strongly  marked  to  escape 
the  most  careless  observer.  Our  merchants  are  opulent,  and  our 
yeomanry  in  easier  circumstances  than  the  noblesse  of  some  states. 
Population  is  so  rapid  as  to  double  the  number  of  inhabitants  in 
the  short  period  of  twenty-five  years.  Cities  are  springing  up  in 
the  depths  of  the  wilderness.  Schools,  colleges,  and  even  uni- 
versities are  interspersed  through  the  continent ;  our  country 
abounds  with  foreign  refinements,  and  flows  with  exotic  luxuries. 
These  are  infallible  marks  not  only  of  opulence  but  of  freedom. 
The  recluse  may  speculate — the  envious  repine — the  disaffected 
calumniate — all  these  may  combine  to  excite  fears  and  jealousies 
in  the  minds  of  the  multitude^,  and  keep  them  in  alarm  from  the 
beginning  to  the  end  of  the  year;  but  such  evidence  as  this  must 
for  ever  carry  conviction  with  it  to  the  minds  of  the  dipassion- 
ate  and  judicious. 

Where  are  the  traces  of  the  slavery  that  our  patriots  would 
terrify  us  with  ?  The  effects  of  slavery  are  as  glaring  and  ob- 
vious in  those  countries  that  are  cursed  with  its  abode,  as  the  ef- 
fects of  war,  pestilence  or  famine.  Our  land  is  not  disgraced  by 
the  wooden  shoes  of  France,  or  the  uncombed  hair  of  Poland  : 
we  have  neither  racks  nor  inquisitions,  tortures  or  assassinations : 
the  mildness  of  our  criminal  jurisprudence  is  proverbial,  "  a 
man  must  have  many  frieuHn  tu get  hangedin  JS''ew  England.^''  Who 
has  been  arbitrarily  imprisoned,  disseized  of  Ms  freehold,  or  de- 
spoiled of  his  goods  ?  Each  peasant,  that  is  industrious,  may 
acquire  an  estate,  enjoy  it  in  his  life  time,  and  at  his  death,  trans- 
mit a  fair  inheritance  to  his  posterity.  The  protestant  religion 
is  established,  as  far  as  human  laws  can  establish  it.  My  dear 
friends,  let  me  ask  each  oii«  whether  he  has  not  enjoyed  every 
blessing,  that  is  in  the  power  of  civil  government  to  bestow  ?  And 
yet  the  parliament  has,  from  the  earliest  days  of  the  colonies, 
claimed  the  lately  controvcrled  right,  both  of  legislation  and  tax- 
afion  ;  and  for  more  (Ii;m  a  century  has  been  in  the  actual  exer- 
cise of  it.     There  is  no  grievious  exeicise  of  that  light  at  thif 


!M:  ■ 


217 


Jay,  unless  the  measures  taken  to  prevent  our  revDltiiig,  may  be 
Galled  grievances.  Are  we,  then,  to  rebel,  lest  there  should 
he  grievances  ?  Arc  we  to  take  up  arms  and  make  war  against 
our  parent,  lest  that  parent,  contrary  to  the  experience  of  a  cen- 
tury and  a  half,  contrary  to  her  own  genius,  inclination,  affection 
and  interest,  should  treat  us  or  our  posterity  as  bustards  and  not 
as  sons,  and  instead  of  protecting  should  enslave  us  ?  The  annals 
of  the  world  have  not  yet  been  deformed  with  a  single  instance  of 
so  unnatural,  so  causless,  so  wanton,  so  wicked  a  rebellion. 

There  is  but  a  step  between  you  and  ruin  :  and  should  our 
patriots  succeed  in  their  endeavours  to  urge  you  on  to  take  that 
step,  and  hostilities  actually  commence,  New  England  will  stand 
recorded  a  singular  monument  of  human  folly  and  wickedness.  I 
beg  leave  to  transcribe  a  little  from  the  Farmer's  letters.  — "  Good 
Heaven  !  Shall  a  total  oblivion  of  former  tendernesses  and  bless- 
ings be  spread  over  the  minds  of  a  good  and  wise  people  by  the 
sordid  arts  of  intriguing  men,  who  covering  their  selfish  projects 
under  pretences  of  public  good,  first  enrage  their  countrymen  in- 
to a  frenzy  of  passion,  and  then  advance  their  own  influence  and 
interest  by  gratifying  the  passion,  which  they  themselves  have  ex- 
cited ?''  When  cool  dispassionate  posterity  shall  consider  the  af- 
fectionate intercourse,  the  reciprocal  benetits,  and  the  unsuspect- 
ing confidence,  that  have  subsisted  between  these  colonies  and 
their  parent  state,  for  such  a  length  of  time,  they  will  execrate, 
with  the  bitterest  curses,  the  infamous  memory  of  those  men 
whose  ambition  unnecessarily,  wantonly,  cruelly,  first  opened  the 
sources  of  civil  discord.  MASSACHUSETTENSIS. 


.,       .,'■1,1' 

m 

1 '.  't- 


M 

i      0              ,'    ' 

■a, 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay^ 

March  27,  Ml?.. 

MY  DEAR  COUNTRYMEN, 

OUR  patriots  exclaim,  *'  that  humble  and  reasonable  petitions 
from  the  representatives  of  the  people  have  been  frequently 
treated  with  contempt."  This  is  as  virulent  a  libel  upon  his  ma- 
jesty's government,  as  falshood  and  ingenuity  combined  could  fab- 
ricate. Our  humble  and  reasonable  petititions  have  not  only  been 
ever  graciously  received,  when  the  established  mode  of  exhibit- 
ing them  has  been  observed,  but  generally  granted.  Applications 
of  a  different  kind,  have  been  treated  with  neglect,  though  not  al- 
ways with  the  contempt  they  deserved.     These  either  originated 

28 


Mi-i 


i.  ■. 


m 

i 

21U 


in  illegal  assemblies,  and  could  not  be  received  without  implicitly 
countenancing  such  enormities,  or  contained  such  matter,  and 
were  conceived  in  such  terms,  as  to  be  at  once  an  insult  to  his 
majesty,  and  a  libel  on  his  government.  Instead  of  being  decent 
remonstrances  against  real  grievances,  or  prayers  for  their  re- 
moval, they  were  insidious  attempts  to  wrest  from  the  crown,  or 
the  supreme  legislature,  their  inherent,  unalienable  prerogatives 
or  rights. 

We  have  a  recent  instance  of  this  kind  of  petition,  in  the  ap- 
plication of  the  continental  congress  to  the  king,  which  starts  with 
these  words  :  "  A  standing  army  has  been  kept  in  these  colonies 
ever  since  the  conclusion  of  the  late  war,  without  the  consent  of  our 
assemblies^  This  is  a  denial  of  the  king's  authority  to  station  his 
military  forces  in  such  parts  of  the  empire,  as  his  majesty  may 
judge  expedient  for  the  common  safety.  They  might  with  equal 
propriety  have  advanced  one  step  further,  and  denied  its  being 
a  prerogative  of  the  crown  to  declare  war,  or  conclude  a  peace, 
by  \vhich  the  colonies  should  be  affected,  without  the  consent  of 
our  assemblies.  Such  petitions  carry  the  marks  of  death  in  their 
faces,  as  they  cannot  be  granted  but  by  surrendering  some  con- 
stitutional right  at  the  same  time  ;  and  therefore  afford  grounds  for 
suspicion  at  least,  that  they  were  never  intended  to  be  granted, 
but  to  irritate  and  provoke  the  power  petitioned  to.  It  is  one 
thing  to  remonstrate  the  inexpediency  or  inconveniency  of  a  par- 
ticular act  of  the  prerogative,  and  another  to  deny  the  existence 
of  the  prerogative.  ,  It  is  one  thing  to  complain  of  the  inutility  or 
hardship  of  a  particular  act  of  parliament,  and  quite  another  to 
deny  the  authority  of  parliament  to  make  any  act.  Had  our  pa- 
triots confined  themselves  to  the  former,  they  would  have  acted  a 
part  conformable  to  the  character  they  assumed,  and  merited  the 
encomiums  they  arrogate. 

There  is  not  one  act  of  parliament  that  respects  us,  but  would 
have  been  repealed,  upon  the  legislators  being  convinced,  th<it  it 
was  oppressive ;  and  scarcely  one,  but  wOuld  have  shared  the 
same  fate,  upon  a  representation  of  its  being  generally  disgustful 
to  America.  But,  by  adherinj^  to  the  latter,  our  politicians  have 
igaorantly  or  wilfully  betrayed  their  country.  Even  when  Great 
liritain  has  relaxed  in  her  measures,  or  appeared  to  recede  from 
her  claims,  instead  of  manifestations  of  gratitude,  our  politicians 
have  risen  in  their  demands,  and  sometimes  to  such  a  degree  of 
insolence,  as  to  lay  the  British  government  under  a  necessity  of 
persevering  in  its  measures  to  preserve  its  honour. 

It  was  my  intention,  when  I  began  these  papers,  to  have  mi- 
nutely examined  the  proceedings  of  the  continental  congress,  as 
the  delegates  appear  to  me  to  have  given  their  country  a  deeper 
wound,  than  any  of  their  predecessors  had  inflicted,  and  I  pray 
Gcd  it  may  not  prove  an  incurable  one  ;  but  am  in  some  measure 
anticipated  by  Grotius,  PhileareJQe,  and  the  many  pamphlets  that 
have  been  published  ;  and  shall  therefore  confine  my  observations 
to  some  of  its  most  striking  and  characteristic  features. 


i  \A 


219 


A  consfress  or  convention  of  committees  from  the  several  colo- 
nies, constitutionally  appointed  by  the  supreme  authority  of  the 
state,  or  by  the  several  provincial  legislatures,  amenable  to,  and 
controulable  by  the  power  that  convened  them,  would  be  salutary 
in  many  supposeable  cases.  Such  was  the  convention  of  1754; 
but  a  consfress  otherwise  appointed,  must  be  an  unlawful  assembly, 
wholly  incompatible  with  the  constitution,  and  dangerous  in  the 
extreme,  more  especially  as  such  assemblies  will  ever  chiefly  con- 
sist of  the  most  violent  partizans.  The  prince,  or  sovereign,  as 
some  writers  call  the  supreme  authority  of  a  state,  is  sufhciently 
ample  and  extensive  to  provide  a  remedy  for  every  wrong,  in  all 
possible  emergencies  and  contingencies ;  consequently  a  power, 
that  is  not  derived  from  such  authority,  springing  up  in  a  state, 
must  encroach  upon  it,  and  in  proportion  as  the  usurpation  en- 
larges itself,  the  rightful  prince  must  be  diminished  ;  indeed,  they 
cannot  long  subsist  together,  but  must  continually  militate,  till  one 
or  the  other  be  destroyed.  Had  the  continental  congress  consisted 
of  committees  from  the  several  houses  of  assembly,  although  des- 
titute of  the  consent  of  the  several  governors,  they  would  have 
had  some  appearance  of  authority  ;  but  many  of  them  were  ap- 
pointed by  other  committees,  as  illegally  constituted  as  themselves. 
However,  at  so  critical  and  delicate  a  juncture,  Great  Britain  be- 
ing alarmed  with  an  apprehension,  that  the  colonies  were  aiming 
at  independence  on  the  one  hand,  and  the  colonies  apprehensive 
of  grievous  impositions  and  exactions  from  Great  Britain  on  the 
other ;  many  real  patriots  imagined,  that  a  congress  might  be  em- 
inently serviceable,  as  they  might  prevail  on  the  Bostonians  to 
make  restitution  to  the  East  India  company,  might  still  the  com- 
motions in  this  province,  remove  any  ill  founded  apprehensions 
respecting  the  colonies,  and  propose  some  plan  for  a  cordial  and 
permanent  reconciliation,  which  might  be  adopted  by  the  several 
assemblies,  and  make  its  way  through  them  to  the  supreme  legis- 
lature. Placed  in  this  point  of  light,  many  good  men  viewed  it 
with  an  indulgent  eye,  and  tories,  as  well  as  whigs,  bade  the  dele- 
gates God  speed. 

The  path  of  duty  was  too  plain  to  be  overlooked ;  but  unfor- 
tunately some  of  the  most  influential  of  the  members  were  the 
very  persons  that  had  been  the  wilful  cause  of  the  evils  they  were 
expected  to  remedy.  Fishing  in  troubled  waters  had  long  been 
their  business  and  delight ;  and  they  deprecated  nothing  more 
than  that  the  storm  they  had  blown  up,  should  subside.  They 
were  old  in  intrigue,  and  would  have  figured  in  a  conclave.  The 
subtility,  hypocrisy,  cunning,  and  chicanery,  habitual  to  such  men, 
were  practised  with  as  much  success  in  this,  as  they  had  been  be- 
fore in  other  popular  assemblies. 

Some  of  the  members,  of  the  first  rate  abilities  and  characters, 
endeavoured  to  confine  the  deliberations  and  resolves  of  the  con- 
gress to  the  design  of  its  institution,  which  was  "  to  restore  peace, 
harmony,  and  mutual  confidence."  buf  were  obliged  to  succumb 


mf 


I ';  i 


I--.: 


il 


HI  .■I 


;   ill)!! 


iM''> 


220 


to  the  intctnpprate  /enl  of  some,  and  al  leiiglli  were  so  circum- 
vented iinil  wroupfht  upon  by  the  artifice  and  duplicity  of  others, 
as  to  lend  the  sanction  of  their  names  to  such  measures,  as  they 
condemned  in  their  hearts.  Vide  a  pamphlet  published  by  one 
of  the  delpgiitcs,  entitled,  "A  candid  examination,  &c." 

The  congress  could  not  be  ignorant  of  what  every  body  else 
knew,  that  their  appointment  was  repugnant  to,  and  inconsistent 
with  every  idea  of  government,  and  therefore  wisely  determined 
to  destroy  it.  Their  i'lint  essay  that  transpired,  and  which  was 
rraftor  of  no  less  grief  to  the  friends  of  our  country,  than  of  tri- 
umph to  its  enemies,  was  the  ever  memorable  resolve  approba- 
ting and  adopting  the  SuHolk  resolves,  thereby  undertaking  to  give 
a  continental  sanction  to  a  forcible  opposition  to  acts  of  parliament, 
shutting  up  the  courts  of  justice,  and  thereby  abrogating  all  hu- 
man laws,  seizing  the  king^s  provincial  revenue,  raising  forces  in 
opposition  to  the  king^s,and  all  the  tumultuary  violence,witb  which 
this  unhappy  province  had  been  rent  asunder. 

This  fixed  the  complexion,  and  marked  the  character  of  the 
congress.  We  were,  therefore,  but  little  surprized,  when  it  was 
announced,  that  as  far  as  was  in  their  power,  they  bad  dismem- 
bered the  colonies  from  the  parent  country.  This  they  did  by 
resolving,  that  "  the  colonists  are  entitled  to  an  exclusive  power 
of  legislation  in  their  several  provincial  legislatures.^'  This 
stands  in  its  full  force,  and  is  an  absolute  denial  of  the  authority 
of  parliament  respecting  the  colonies. 

.  Their  subjoining  that,  ^^fromnecessity  they  consent  to  the  ope* 
ration  fnot  the  authority)  of  such  acts  of  the  British  parliament, 
jas  are  (not  shall  be)  bona  fide  restrained  to  external  commerce," 
is  so  far  from  weakening  their  first  principle,  that  it  strengthens 
it,  and  is  an  adoption  of  the  acts  of  trade.  This  resolve  is  a  man- 
ifest revolt  from  the  British  empire.  Consistent  with  it,  is  their 
overlooking  the  supreme  legislature,  and  addressing  the  inhabi- 
tants of  Great  Britain,  in  the  style  of  a  manifesto,  in  which  they 
flatter,  complain,  coax,  and  threaten  alternately  ;  and  their  prohib- 
iting all  commercial  intercourse  between  the  two  countries  :  with 
equal  propriety  and  justice  the  congress  might  have  declared  war 
against  Great  Brits\in ;  and  they  intimate  that  they  might  justly  do 
it,  and  actually  shall,  if  the  measures  already  taken  prove  ineffec- 
tual. For  in  the  addrossi  to  the  colonies,  after  attempting  to  en- 
rage their  countrymen  by  every  colouring  and  heightning  in  the 
power  of  language,  to  the  utmost  pitch  of  frenzy,  they  say,  "  the 
state  of  these  colonies  would  certainly  justify  otAer  measures  than 
we  have  advised  ;  we  were  inclined  to  offer  once  more  to  his  mo' 
jesty  the  petition  of  his  faithful  and  oppressed  subjects  in  America," 
and  admonish  the  colonists  to  '*  extend  their  views  to  mournful 
events^  and  to  be  in  all  respects  prepared  for  every  contingency.'* 

This  is  ti  eating  Great  Britain  as  an  alien  enemy  ;  and  if  Great 
Britain  be  sucb,  it  is  justifiable  by  the  law  of  nations.  But  their 
jittempt  to  alienate  the  affections  of  the  inhabitants  of  the  new 


221 


oonquereil  province  of  Quebec  from  his  majesl^N  government,  is 
altoj^cther  unjustifiable,  even  upon  that  principle.     In  the   truly 
Jesuitical  address  to  the  Canadians,  the  congress  endeavour  to  se- 
duce them  from  their  allegiance,  and  prevail  on  them  to  join  the 
confederacy.      After  insinuating  that  they  had  been  tricked,  du- 
ped, oppressed  and  enslaved  by  the  Quebec  bill,  the  congress  ex- 
claim,  why  this  degrading  distinction?  "  Have  not  Canadians  sense 
enough  to  attend  to  any  other  public  affairs,  than  gathering  stones 
from  one  place  and  piling  them  up  in  another  ?  Unhappy  people  ; 
who  are   not  only  injured  but  insulted.^^     "  Such  a  treacherous 
ingenuity  has  been  exerted,  in  drawing  up  the  code  lately  offered 
you,  that  every  sentence,  beginning  with  a  benevolent  pretention, 
concludes  with  a  destructive  power;    and  the  substance  of  the 
whole  divested  of  its  smooth  words,  is  that  the  crown  and  its  min- 
isters shall  be  as  absolute  throughout  your  extended  province,  as 
the  despots  of  Asia  or  Africa.     We  defy  you,  casting  your  viaw  up- 
on every  side,  to  discover  a  single  circumstance  promising,  froni 
any  quarter,  the  faintest  hope  of  liberty  to  you  or  your  posterity, 
but  from  an  entire  adoption  into  the  union  of  these  colonies."  The 
treachery  of  the  congress  in  this  address  is  the  more  flagrant,  by 
the  Quebec  bill's  having  been  adapted  to  the  genius  and  manners 
of  the  Canadians,  formed  upon  their  own  petition,  and  received 
with  every  testimonial  of  gratitude.     The  public  tranquility  has 
been  often  disturbed  by  treasonable  plots  and  conspiracies.  Great 
Britain  has  been  repeatedly  deluged  by  the  blood  of  its  slaughter- 
ed citizens,  and  shaken  to  its  centre  by  rebellion.     To  offer  such 
aggravated  insult  to  British  government  was  reserved  iov  the  grand 
continental  congress.     None  but  ideots  or  madmen  could  suppose 
such  measures  had  a  tendency  to  restore  "  union  and  harmony  be- 
tween Great  Britain  and  the  colonies."  Nay !  The  very  demands  of 
the  congress  evince,  that  that  was  not  in  their  intention.     Instead 
of  confining  themselves  to  those  acts,  which  occasioned  the  misun- 
derstanding, they  demand  a  repeal  of  fourteen,  and  bind  the  colo- 
nies by  a  law  not  to  trade  with  Great  Britain,  until  that  shall  be 
done.    Then,  and  not  before,  the  colonists  are  to  treat  Great  Brit- 
oin  as  an  alien  friend,  and  in  no  other  light  is  the  parent  country 
ever  after  to  be  viewed  ;  for  the  parliament  is  to  surcease  enact- 
ing laws  to  respect  us  forever.     These  demands  are  such  as  can- 
not  be  complied  with,  consistent  with  either  the  honor  or  interest 
of  the  empire,  and  are  therefore  insuperable  obstacles  to  a  union 
via  congress. 

The  delegates  erecting  themselves  into  the  states  general  or  su- 
preme legislature  of  all  the  colonies,  from  A''ova  Scotia  to  Georgia^ 
does  not  leave  a  doubt  respecting  their  aiming,  in  good  earnest, 
at  independency  :  this  they  did  by  enacting  laws.  Although  they 
recognize  the  authority  of  the  several  provincial  legislatures,  yet 
they  consider  their  own  authority  as  paramount  or  supreme  ;  oth- 
erwise they  would  not  have  acted  decisively,  but  submitted  their 
plans  to  the  final  determination  of  the  acsf^inbljos.     Somolimos  in- 


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m 


222 


ii; 


;.:  i 


■■;. 


M' 


■r    .«' 


I'  :i 


':-ii\ 


deed  thoy  use  the  toriiiH  rcrjiiest  nnd  recommend  ;  at  oihen  tliey 
speak  in  the  styh*  of  authority.     Such  is  the  resolve  of  the  27th 
of  Septeml»er :  "  Kcsolvc<l  from  and  after  the  Hrst  day  of  Decem- 
ber next,  there  he  no  importation  into  British  America  from  Great 
Britain  or  Ireland  of  any  jfoods,  wares  or  merchandize  whatsoev- 
er, or  from  any  other  plac»j  of  any  such  goods,  wares  or  merchan- 
dize, as  shall  have  been  exported  from  Great  Britain  or  Ireland, 
and  that  no  such  goods,  wares  or  merchandize  imported,  after  the 
said  first  day  of  Deceniher  next,  be  used  or  purchased.     October 
15,  the  congress  resumed  the  consideration  of  the  plan  for  carry- 
ing into  effect  the  non-importation,  &c.     October  20,  the  plan  is 
(  ompleated,  determinod  upon,  and  ordered  to  be  subscribed  by  all 
the  members  :  thoy  call  it  an  association,  but  it  has  all  the  con< 
stituent  parts  of  a  law.     They  begin,  "  VVe  his  majesty'a  most 
loyal  subjects  the  delegates  of  the  several  colonies  of,  &c.  depu- 
ted to  represent  them  in    a  continental  congress,"  and  agree  for 
themselves  and  the  inhabitants  of  the  several  colonies  whom  they 
represent,  not  to  import,  export  or  consume,  &c.  as  also  to  ob- 
serve several  sumptuary  regulations  under  certain  penalties  and 
forfeitures,  and  that  a  committee  be  chosen  in  every  county,  city 
and  town,  by  those  who  ai-e  qualified  to  vote  for  representatives 
in  the  legislature,  to   see   that  the  association  be  observed  and 
kept,  and  to  punish  the  violators  of  it ;  and  afterwards,  "  recom- 
mend it  to  the  provincial  conventions,  and  to  the  committees  in 
the  respective  colonies  to  establish  such  further  regulations,  as 
they  may  think  proper,  fur  carrying  into  execution  the  associa- 
fion."     Here  we  find  the  congress  enacting  laws,  that  is,  estab- 
lishing, as  the  representatives  of  the  people,  certain  rules  of  con- 
duct to  be  observed  and  k«'|)t  by  all  the  inhabitants  of  these  colo- 
nies, nnder  certain  pains  and  penalties,  such  as  masters  of  vessels 
being  dismissed  from  their  employment ;  goods  to  be  seized  and 
sold  at  auction,  and  the  first  cost  only  returned  to  the  proprietoi^ 
a  different  appropriation  made    ( i  the  overplus  ;    persons  being 
stigmatized  in  the  gazett'^  as  enemies  to  their  country,  and  ^x- 
oluded  the  benefits  of  soci,.  y,  &,c. 

The  congress  seem  to  have  been  apprehensive  that  some 
squeamish  people  might  be  startled  at  their  assuming  the  powers 
of 'cgislation,  and  therefore,  in  the  former  part  of  their  associa- 
tion say,  they  bind  themselves  and  constituents  under  the  sacred 
ties  of  virtue,  honor,  and  love  to  their  country,  afterwards  estab- 
lish penalties  and  forfeitures,  and  conclude  by  solemnly  binding 
themselves  and  constituents  under  the  ties  aforesaid,  which  in- 
clude them  all.  This  looks  like  ariilice  :  but  they  might  have 
spared  themselves  that  trouble  ;  for  e;ery  law  is  or  ought  to  be 
made  under  the  sacred  ties  of  virtue,  honor  and  a  love  to  the  coun- 
try, expressetl  or  implied,  though  the  penal  sanction  be'also  ne- 
cessary. In  short,  were  the  colonies  distinct  states,  and  the  pow- 
ers of  legislation  vested  in  delegates  thus  appointed,  their  associa- 
tion would  be  as  good  a  form  of  enacting  laws  as  could  be  devised. 


f!: 


223 


.« 


hert  titey 

the  27th 
if  Decem- 
rom  G  re  lit 
whiitsocv- 
merchan- 
r  Ireland, 

after  the 

October 
for  carry- 
fie  plan  is 
bed  by  all 
I  the  con< 
ity'a  most 
kc.  dcpu' 
agree  for 
horn  they 
ilso  to  ob- 
alties  and 
unty,  city 
sentativcs 
3rved  and 

"  recom- 
mittces  in 
ations,  as 
e  associa- 

is,  estab- 
Bs  of  c«n- 
lese  colo- 
of  vessels 

ized  and 
•oprietoi\ 

ns  being 
, and  ^x- 

lat  some 
!  powers 

•  associa- 
te sacred 
ds  estab- 
f  binding 
hich  in- 
ht  have 
ht  to  be 
he  coun- 

also  ne- 
the  pow- 

•  associa- 
devised. 


By  their  assuming  the  powers  of  legislation,  the  congress  hava 
not  only  superseded  our  provincial  legislatures,  but  have  excluded 
every  idea  of  monarchy  ;  and  not  content  with  the  havock  aU 
ready  made  in  our  constitution,  in  the  plenitude  of  their  power, 
have  appointed  another  congress  to  be  held  in  May. 

Those,  that  have  attempted  to  establish  new  systems,  have  geu- 
«rally  taken  care  to  be  consistent  with  themselves.  Let  us  com- 
pare the  several  parts  of  the  continental  proceedings  with  each 
other. 

The  delegates  call  themselves  and  constituents  "  his  majesty's 
most  loyal  subjects,"  his  majesty's  most  faithful  subjects  aHirm, 
that  the  colonists  are  entitled  ^^  to  all  the  immunities  and  privi' 
leges  granted  and  confirmed  to  them  by  royal  charters,"  declare 
that  they  ^'  wish  not  a  diminution  of  the  prerogative,  nor  solicit  the 
grant  of  any  new  right  or  favour,"  and  they  "  shall  always  care- 
fully and  zealously  endeavour  to  support  his  royal  authority  nnd 
our  connection  with  Great  Britain  ;"  yet  deny  the  king''s  prerog- 
ative to  station  troops  in  the  colonics,  disown  him  in  the  capacity 
in  which  he  granted  the  provincial  charters  ;  disclaim  the  authori- 
ty of  the  king  in  parliament ;  and  undertake  to  enact  and  execute 
laws  without  any  authority  derived  from  the  crown.  This  is  dis- 
solving all  connection  between  the  colonics  and  the  crown,  and 
giving  us  a  new  king,  altogether  incomprehensible,  not  indeed  from 
the  infinity  of  his  attributes,  but  from  a  privation  of  every  royal 
prerogative,  and  not  leaving  even  a  semblance  of  a  connection 
with  Great  Britain. 

They  declare,  that  the  colonists  "  are  entitled  to  all  the  rights, 
liberties  and  immunities  of  free  und  natural  born  suljects  within 
the  realm  of  England,"  and  '•''  all  the  benetits  secured  to  the  sub- 
ject by  the  English  constitution,"  but  disclaim  all  obedience  to 
British  government ;  in  other  words,  they  claim  the  protection, 
and  disclaim  the  allegiance.  They  remonstrate  as  a  grievance 
that  '^  both  houses  of  parliament  have  resolved  that  the  colonists 
may  be  tried  in  England  for  offences,  alleged  to  have  been  com- 
mitted in  America,  by  virtue  of  a  statute  passed  in  the  thirty-tifth 
year  of  Henry  the  eighth  ;  and  yet  resolve  that  they  are  entitled 
to  the  benelit  of  such  English  statutes,  as  existed  at  the  time  of 
their  colonization,  and  are  applicable  to  their  several  local  and 
other  circumstances.  They  resolve  that  the  colonists  are  entitled 
to  a  free  and  exdmive  power  of  legislation  in  their  several  pro- 
vincial assemblies  ;  yet  undertake  to  legislate  in  congress. 

The  immutable  laws  of  nature,  the  principles  of  the  English 
constitution,  and  our  several  charters  are  the  basis,  upon  which 
they  pretend  to  found  themselves,  and  complain  more  especially 
of  being  deprived  of  trials  by  juries  ;  but  establish  ordinances  in- 
compatible with  either  the  laws  of  nature,  the  English  constitu- 
tion, or  our  charter ;  and  appoint  committees  to  punish  the  viola- 
ters  of  them,  not  only  without  a  jury,  but  even  without  a  form  of 
trial. 


>  I 


!;'•• 

,   ;; 

f '■ 

»<  ' 

%'. 

1 ' 

iff.' 

' 

;tt  • 

,  *■ 

.  ></••■ 

,• 

.-    '«  »• 

i    r 

I  .  j^ 

■* 

.:l 


i  i 


m 


m 

ii 


1 

■■■'I 


224 


.' ,  >  I 


m-' 


i 


They  repeatedly  complain  of  the  Roman  Catholic  religion  be- 
ing established  in  Canada  ;  and  in  their  address  to  the  Canadians^ 
ask,  '"'•  U  liberty  of  conscience  be  offered  them  in  their  religion  by 
the  Quebec  bill,'^  and  answer,  ''  no  :  God  gave  it  to  you  and  the 
temporal  powers,  with  which  you  have  been  and  are  connected, 
firmly  stipulated  for  your  enjoyment  of  it.  If  laws,  divine  and 
kuman^  could  secure  it  against  the  despotic  caprices  of  wicked 
men,  it  was  secured  before." 

They  say  to  the  people  of  Great  Britain,  "  place  us  in  the  same 
situation,  that  we  were  in,  at  the  close  of  the  last  war,  and  our 
harmony  will  be  restored."  Yet  some  of  the  principal  grievances, 
which  are  to  be  redressed,  existed  long  before  that  era,  viz. 
The  king^s  keeping  a  standing  army  in  the  colonies ;  judges  of 
admiralty  receiving  their  fees,  &c.  from  the  effects  condemned  by 
themselves;  counsellors  holding  commissions  during  pleasure,  ex- 
ercising legislative  authority ;  and  the  capital  grievance  of  all, 
(hi;  parliament  claiming  and  exercising  over  the  colonies  a  right 
both  of  legislation  and  taxation.  However  the  wisdom  of  the 
grand  continental  congress  may  reconcile  these  seeming  inconsist- 
encies. 

Had  the  delegates  been  appointed  to  devise  means  to  irritate  and 
enrage  the  inhabitants  of  the  two  countries,  against  each  other, 
beyond  a  possibility  of  reconciliation,  to  abolish  our  equal  system 
of  jurisprudence,  and  establish  a  judicatory  as  arbitrary,  as  the 
Romish  inquisition,  to  perpetuate  animosities  among  ourselves,  to 
reduce  thousands  from  affluence  to  poverty  and  indigence,  to  in- 
jure Great  Britain,  Ireland,  the  West  Indies,  and  these  colonies, 
to  attempt  a  revolt  from  the  authority  of  the  empire,  and  finally 
to  draw  down  upon  the  colonies  the  whole  vengeance  of  Great 
Britain  ;  more  promising  means  to  effect  the  whol6  could  not  have 
been  devised  thafi  those  the  congress  adopted.  Any  deviation 
from  their  plan  would  have  been  treachery  to  their  constituents, 
and  an  abuse  of  the  trust  and  confidence  reposed  in  them.  Some 
idolaters  have  attributed  to  the  congress  the  collected  wisdom  of 
the  continent.  It  is  as  near  the  truth  to  say,  that  every  particle 
of  disaffection,  petulance,  ingratitude,  and  disloyalty,  that  for  ten 
years  past  have  been  scattered  through  the  continent,  were  united 
and  consolidated  in  them.     Are  these  thy  Gods,  O  Israel ! 

MASSACaUSETTENSIS. 


•i; 


I 


'  * 


ligion  b«- 
lanadians^ 
eligion  hj 
u  and  the 
onnectedf 
'ivine  and 
>f  wicked 

I  the  same 
,  and  our 
rievancea, 
t  era,  viz. 
judges  of 
lemncd  by 
asure,  ex- 
ice  of  all, 
ies  a  right 
)m  of  the 
f  inconsist- 

rritate  and 
ach  other, 
Lial  system 
iry,  as  the 
rselves,  to 
nee,  to  in- 
;  colonies, 
md  finally 
s  of  Great 
d  not  have 

deviation 
nstituents, 
01.  Some 
wisdom  of 
y  particle 
lat  for  ten 
ere  united 

1! 
NSIS. 


225 


ADDRESSED 

To  the  Inhabitants  of  the  Province  of  Massachusetts  Bay^ 

April  3,  1775. 

MV  DEAR  COUNTRTMEK^ 

THE  advocates  for  the  opposition  to  parliament  often  remind 
us  of  the  rights  of  the  people,  repeat  the  Latin  adage  vox  populi 
vox  Dei^  and  tell  us  that  government  in  the  dernier  resort  is  in  the 
people  ;  they  chime  away  melodiously,  and  to  render  their  music 
tnore  ravishing,  tell  us,  that  these  are  revolution  principles.  I 
hold  the  rights  of  the  people  as  sacred,  and  revere  the  principles, 
that  have  established  the  succession  to  the  imperial  crown  of 
Great  Britain,  in  the  line  of  the  illustrious  house  of  Brunswick  ; 
but  that  the  difficulty  lies  in  applying  them  to  the  cause  of  the 
Whigs,  hie  lahor  hoc  opus  est ;  for  admitting  that  the  collective  body 
of  the  people,  that  are  subject  to  the  British  empire,  have  an  in- 
herent right  to  change  their  form  of  government,  or  race  of  kings, 
it  does  not  follow,  that  the  inhabitants  of  a  single  province,  or  of  a 
number  of  provinces^  or  any  given  part  under  a  majority  of  the 
whole  empire,  have  such  a  right.  By  admitting  that  the  less  may 
rule  or  senuester  themselves  from  the  greater,  we  tinhinge  all 
government.  Novanglus  has  accused  me  of  traducing  the  people 
of  this  province.  I  deny  the  charge.  Popular  demagogues  al- 
ways  call  themselves  the  people,  and  when  their  own  measures 
are  censured,  cry  out,  the  people,  the  people  are  abused  and  in- 
Suited.  He  says,  that  I  once  entertained  different  sentiments  from 
those  now  advanced.  I  did  not  write  to  exculpate  myself.  If 
through  ignorance,  inadvertence  or  design,  I  have  heretofore  con- 
tributed in  any  degree,  to  the  forming  that  destructive  system  of 
politics  that  is  now  in  vogue,  I  was  under  the  greater  obligation 
thus  publicly  to  expose  its  errors,  and  point  out  its  pernicious  ten- 
dency. He  su^ests,  that  1  write  from  sordid  motives.  I  despise 
the  imputation.  I  have  written  my  real  sentiments  not  to  serve  a 
party  (for,  as  he  justly  observes,  I  have  sometimos  quarreled 
with  my  friends)  but  to  serve  the  public  ;  nor  would  1  injure  my 
country  to  inherit  all  the  treasures  that  avarice  and  ambition  sitfh 
for.  Fully  convinced,  that  our  calamities  were  chiefly  created  by 
the  leading  whigs,  and  that  a  perseverins^;  in  the  same  measures 
that  gave  rise  to  our  troubles  would  complete  our  ruin,  I  have 
written  freely.  It  is  painful  to  me  to  give  offence  to  an  individual, 
but  I  have  not  spared  the  ruinous  policy  of  my  brother  or  my 
friend  ;  they  are  both  far  advanced.  Truth,  from  its  own  energy, 
will  finally  prevail ;  but  to  have  a  speedy  effect,  it  must  sometimes 
bp  arcompanied  with  severitv.     The  terms  whig  and  tory  have 


1 


■■,•■■••■(»>. 


m 

m 


m 


Mi^ 


:V ' 


^ii 


■;   U     .f 


1 


n.;i   i 


t!.M 


.|-;^     t! 


91  ■     ''I. 


22C 


been  aduptcd  according  to  the  arbitrary  use  of  them  in  this  pro- 
vince, but  they  rather  ought  to  be  reversed  ;  an  American  tory 
is  a  supporter  of  our  excellent  eonstitution,  and  an  American  whig 
a  subverter  of  it. 

Novanglus  abuses  me,  for  saying,  that  the  whigs  aim  at  inde- 
pendence. The  writer  from  Hampshire  county  is  my  advocate. 
He  frankly  asserts  the  independency  of  the  colonies  without  any 
reserve  ;  and  is  the  only  consistent  writer  I  have  met  with  on  that 
side  of  the  question.  For  by  separating  us  from  the  king  as  well 
as  the  parliament,  he  is  under  no  necessity  of  contradicting  him- 
self. Novanglus  strives  to  hide  the  inconsistencies  of  his  hypoth- 
esis, under  a  huge  pile  of  learning.  Surely  he  is  not  to  learn, 
that  arguments  drawn  from  obsolete  maxims,  raked  out  of  the 
ruins  of  the  feudal  system,  or  from  principles  of  absolute  mon- 
archy, will  not  conclude  to  the  present  constitution  of  govern- 
ment. VV  hen  he  has  finished  his  essays,  he  may  expect  some 
particulifr  remarks  upon  them.  I  should  not  have  taken  the 
trouble  of  writing  these  letters,  had  I  not  been  satisfied  that  real 
and  permanent  good  would  accrue  to  this  province,  and  indeed  to 
all  the  colonies,  from  a  speedy  change  of  measures.  Public  jus- 
tice and  generosity  are  no  less  characteristic  of  the  English,  than 
their  private  honesty  and  hospitality.  The  total  repeal  of  the 
stamp  act,  and  the  partial  repeal  of  the  act  imposing  duties  on  pa- 
per, &c.  may  convince  us  that  the  nation  has  no  disposition  to 
injure  us.  We  are  blessed  with  k  king  that  reflects  honor  upon  a 
crown.  He  is  so  far  from  being  avaricious,  that  he  has  relinquish- 
ed a  part  of  his  revenue  ;  and  so  far  from  being  tyrannical,  that  he 
has  generously  surrendered  part  of  his  prerogative  for  the  sake  of 
freedom.  His  court  is  so  far  from  being  tinctured  with  dissipation, 
that  the  palace  is  rather  an  academy  of  the  literati,  and  the  royal 
pair  are  as  exemplary  in  every  private  virtue,  as  they  are  exalted 
in  their  stations.  We  have  only  to  cease  contending  with  the  su- 
preme legislature,  respecting  its  authority,  with  the  king  respect- 
ing his  prerogatives,  and  with  Great  Britain  respecting  our  subor- 
dination ;  to  dismiss  our  illegal  committees,  disband  our  forces, 
despise  the  thraldom  of  arrogant  congresses^  and  submit  to  constitu- 
tional government,  to  be  happy. 

Many  appear  to  consider  themselves  as  procul  a  Jove  a/ulmine 
pmcul ;  and  because  we  never  have  experienced  any  severity  from 
Great  Britain,  think  it  impossible  that  we  should.  The  English 
nation,  will  bear  much  from  its  friends ;  but  whoever  has  read  its 
history  must  know,  t. at  there  is  a  line  that  cannet  be  passed  with 
impunity.  It  is  not  the  fault  of  our  patriots  if  that  line  be  not  al- 
ready passed.  They  have  demanded  of  Great  Britain  more  than 
ehe  can  grant,  cousisterrt  with  honor,  her  interest,  or  our  own,  and 
are  now  brandishing  the  sword  of  defiance. 

Do  you  expect  to  conquer  in  ivar  ?  War  is  no  longer  a  simple, 
but  an  intijciite  science,  not  to  b^  learned  from  books  or  two  or 
three  campaigns,  but  from  long  experience.     You  need  not  be  toW 


€      *i'^:'-' 


"\-\ 


m. 


his  pro- 
can  tory 
:an  whig 

at  inde- 
dvocate. 
lOut  any 
1  on  that 
^  as  well 
:ing  him- 

hypoth- 
to  learn, 
It  of  the 
ute  mon- 

govern- 
ict  some 
aken  the 
that  real 
indeed  to 
ihlic  jus- 
ish,  than 
>al  of  the 
es  on  pa- 
•sition  to 
•r  upon  a 
elinquish- 
I,  that  he 
le  sake  of 
ssipation, 
the  royal 
e  exalted 
:h  the  su- 
f  respect- 
ur  suboF- 
ir  forces, 
I  constitu- 

afulmine 
irity  from 
s  English 
s  read  its 
?sed  with 
)e  not  al- 
lore  than 
own,  and 

I  simple, 
r  two  or 
ot  be  told 


227 


that  his  majesty's  generals.  Gage  and  Haldimand,  are  possessed  of 
every  talent  requisite  to  great  commanders,  matured  by  long  ex- 
perience in  many  parts  of  the  world,  and  stand  high  in  military 
fame  :  that  many  of  the  officers  have  been  bred  to  arms  from  their 
infancy,  and  a  large  proportion  of  the  army  now  here,  have  al- 
ready reaped  immortal  honors  in  the  iron  harvest  of  the  field. — 
Alas  !  My  friends,  you  have  nothing  to  oppose  to  this  force,  but  a 
militia  unused  to  service,  impatient  of  command,  and  destitute  of 
resources.  Can  your  officers  depend  upon  the  privates,  or  the 
privates  upon  the  officers  ?  Your  war  can  be  but  little  more  than 
mere  tumultuary  rage :  and  besides,  there  is  an  awful  disparity 
between  troops  that  fight  the  battles  of  their  sovereign,  and  those 
that  follow  the  standard  of  rebellion.  These  reflections  may  ar- 
rest you  in  an  hour  that  you  think  not  of,  and  come  too  late  to 
serve  you.  Nothing  short  of  a  miracle  could  gain  you  one  battle  ; 
but  could  you  destroy  all  the  British  troops  that  are  now  here, 
and  burn  the  men  of  war  that  command  our  coast,  it  would  be  but 
the  beginning  of  sorrow  ;  and  yet  without  a  decisive  battle,  one 
campaign  would  ruin  you.  This  province  does  not  produce  its 
necessary  provision,  when  the  husbandman  can  pursue  his  calling 
without  molestation  :  what  then  must  be  your  condition,  when  the 
demand  shall  be  increased,  and  the  resource  in  a  manner  cut  off  ? 
Figure  to  yourselves  what  must  be  your  distress,  should  your  wives 
and  children  be  driven  from  such  places,  as  the  king^s  troops  shall 
occupy,  into  the  interior  parts  of  the  province,  and  they  as  well 
as  you,  be  destitute  of  support.  I  take  no  pleasure  in  painting 
these  scenes  of  distress.  The  whigs  affect  to  divert  you  from 
Ihem  by  ridicule  ;  but  should  war  commence,  you  can  expect 
nothing  but  its  severities.  Might  I  hazard  an  opinion,  but  few  of 
your  leaders  ever  intended  to  engage  in  hostilities,  but  they  may 
have  rendered  inevitable  what  they  intended  for  intimidation. 
Those  that  unsheath  the  sword  of  rebellion  may  throw  away  the 
scabbard,  they  cannot  be  treated  with,  while  in  arms  ;  and  if  they 
lay  them  down,  they  are  in  no  other  predicament  than  conquered 
rebels.  The  conquered  in  other  wars  do  not  forfeit  the  rights  of 
men,  nor  all  the  rights  of  citizens,  even  their  bravery  is  rewarded 
by  a  generous  victor  ;  far  different  is  the  case  of  a  routed  rebel 
host.  My  dear  countrymen,  you  have  before  you,  at  your  elec- 
tion, peace  or  war,  happiness  or  misery.  May  the  God  of  our 
forefathers  direct  you  in  the  way  that  leads  to  peace  and  happi- 
ness, before  your  feet  stumble  on  the  dark  mountains,  before  the 
evil  days  come,  wherein  you  shall  say,  we  have  no  pleasure  in 
them.  MASSACHUSETTENSIS 


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LETTERS 


FROM  THB 


HON.  JOHN  ADAMS, 


TO  JHB 


HON.  WM.  TUDOR,  AND  OTHERS, 


OS   THE 


EVENTS  OF  THE  AMERICAN  REVOLUTION. 


TO  TIU  EDITOB.  OF  THE  WEEKLY  EE0I8TER. 


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^uincy^  January  14,  1818. 

Mr.  Niles, 

IN  a  former  letter  I  hazarded  an  opinion,  that  the  true  his- 
tory of  the  American  revolution  could  not  be  recovered.  I  had 
many  reasons  for  that  apprehension  ;  one  of  lyhich  I  will  attempt 
to  explain. 

Of  the  determination  of  the  British  cabinet  to  assert  and  main- 
tain the  sovereign  authority  of  parliament  over  the  colonies,  in 
all  cases  of  taxation  and  internal  policy,  the  first  demonstration 
which  arrived  in  America  was  an  order  in  council  to  the  officers 
of  the  customs  in  Massachusetts  Bay,  to  carry  into  execution  the 
acts  of  trade^  and  to  apply  to  the  supreme  judicature  of  the  pro- 
vince for  "Writs  of  assistance^  to  authorise  them  to  break  and  enter 
all  houses,  cellars,  stores,  shops,  ships,  bales,  casks.  Sac.  to  search 
and  seize  all  goods,  wares,  and  merchandizes,  on  which  the  taxes 
imposed  by  those  acts  had  not  been  paid. 

Mr.  Cockle,  of  Salem,  a  deputy  under  Mr,  Paxton,  of  Boston, 
the  collector  of  the  customs,  petitioned  the  superior  court  in  Sa- 
lem, in  November,  1760,  for  such  a  writ.  The  court  doubted  its 
constitutionality,  and  consequently  its  legality  ;  but  as  the  king's 
order  ought  to  be  considered,  they  ordered  the  question  to  be  ar- 
gued before  them,  by  counsel,  at  the  next  February  term  in 
Boston. 


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The  community  was  greatly  alarmed.  The  merchaots  of  Sa- 
lem and  of  Boston,  applied  to  Mr.  Otis  to  defend  them  and  their 
country,  against  that  formidable  instrument  of  arbitrary  power. 
They  tendered  him  rich  fees ;  he  engaged  in  their  cause,  but 
*vould  accept  no  fee?. 

JAMES  OTIS,  of  Boston,  sprung  from  families  among  the  ear- 
liest of  the  planters  of  the  colonies,  and  the  most  respectable  in 
rank,  while  the  word  rank,  and  the  idea  annexed  to  it,  were  tole- 
rated in  America.  He  was  a  gentleman  of  general  science,  and 
extensive  literature.  He  had  been  an  indefatigable  student  dur- 
ing the  whole  course  of  his  education  in  college,  and  at  the  bar. 
He  was  well  versed  in  Greek  and  Roman  history,  philosophy,  or- 
atory, poetry,  and  mythology.  His  classical  studies  had  been  un- 
usually ardent,  and  his  acquisitions  uncommonly  great.  He  had 
composed  a  treatise  on  Latin  prosody,  which  he  lent  to  me,  and  I 
urged  him  to  print.  He  consented.  It  is  extant,  and  may  speak 
for  itself.  It  has  been  lately  reviewed  m  the  Aulhology  by  one  of 
our  best  scholars,  at  a  mature  age,  and  in  a  respectable  station. 
He  bad  also  composed,  with  equal  skill  and  great  labour,  a  treatise 
on  Greek  prosody.  This  he  also  lent  me,  and,  by  his  indulgence, 
1  had  it  in  my  possession  six  months.  When  I  returned  it,  I  beg- 
ged him  to  print  it.  He  said  there  Avcre  no  Greek  types  in  the 
country,  or,  if  there  were,  there  was  no  printer  who  knew  how  to 
use  them.  He  was  a  passionate  admirer  of  the  Greek  poets,  es- 
pecially of  Homer  ;  and  he  snid  it  was  in  vain  to  attempt  to  read 
the  poets  in  any  language,  without  being  master  of  their  prosody. 
This  classic  scholar  was  also  a  great  master  of  the  laws  of  nature 
aud  nations.  He  had  read  Puffendorph,  Grotius,  Barbeyrac,  Bur- 
lamaqui,  Vattcl,  Heineccius;  and,  in  the  civil  law,  Domal,  Jus- 
tinian, and,  upon  occasions,  consulted  the  corpus  juris  at  large.  It 
was  a  maxim  whicli  he  inculcated  on  his  pupils,  as  his  patron  in 
profession,  Mr.  Gridley,  had  done  before  him,  "  that  a  lawyer 
ought  never  to  he  'inithout  a  volume  of  natural  or  public  law,  or  moral 
philosophy,  on  his  table,  or  in  his  pocket.''''  In  the  history,  the  com- 
mon law,and  statute  laws  of  England,  he  had  no  superior,  at  least 
in  Boston. 

Thus  qualified  to  resist  the  system  of  usurpation  and  despotism, 
meditated  by  the  British  ministry,  under  the  auspices  of  the  earl 
of  Bute,  Mr.  Otis  resigned  his  commission  from  the  crown,  as  ad- 
vocate general,  an  office  very  lucrative  at  that  time,  and  a  sure 
road  to  the  highest  favours  of  government  in  America,  and  enga- 
ged in  the  cause  of  his  country  without  fee  or  reward.  His  ar- 
gument, speech,  discourse,  oration,  harangue — call  it  by  which 
name  you  will,  was  the  most  impressive  upon  his  crowded  audi- 
ence of  any,  that  I  ever  heard  before  or  since,  excepting  only  ma- 
ny speeches  by  himself  in  Fanuiel  Hall,  and  in  the  House  of  Rep- 
resentatives, which  he  made  from  time  to  time,  for  ten  years  after- 
wards. There  were  no  stenographers  in  those  days.  Speeches 
were  not  printed  ;  ami  all  that  was  not  remembered,  like  the  har- 


rown,  as  ad- 


231 


angues  of  Indian  orators,  was  lost  in  air.  Who,  at  the  distanct: 
of  fifty  seven  years,  would  attempt,  upon  memory,  to  give  even 
a  sketch  of  it.  Some  of  the  heads  are  remembered,  out  of  which 
Livy  or  Sallust  would  not  scruple  to  compose  an  oration  for  history, 
I  shall  not  essay  an  analysis  or  a  sketch  of  it,  at  present.  I  shall 
only  essay  an  analysis  or  a  sketch  of  it,  at  present.  I  shall  only 
say,  and  1  do  say  in  the  most  solemn  manner,  that  Mr.  Otis's  ora- 
tion, against  writs  of  assistancCf  breathed  into  this  nation  the 
breath  of  life. 

Although  Mr.  Otis  had  never  before  interfered  in  public  affairs, 
his  exertions,  on  this  single  occasion,  secured  him  a  commanding 
popularity  with  the  friends  of  their  country,  and  the  terror  an<l 
vengeance  of  her  enemies ;  neither  of  which  ever  deserted  him. 

At  the  next  election,  in  May,  1761,  he  was  elected,  by  a  vast 
majority,  a  representative  in  the  legislature,  of  the  town  of  Bos- 
ton, and  continued  to  be  so  elected  annually  for  nine  years.  Here, 
at  the  head  of  the  country  interest,  he  conducted  her  cause  with  a 
fortitude,  prudence,  ability  and  perseverance  which  has  never 
been  exceeded  in  America,  at  every  sacrifice  of  health,  pleasure, 
profit  and  reputation,  and  against  all  the  powers  of  government, 
und  all  the  talents,  learning,  wit,  scurrility  and  insolence  of  it» 
prostitutes^ 

Hampden  was  shot  in  open  field  of  battle.  Otis  was  basely  as- 
sassinated in  a  coffee  house,  in  the  night,  by  a  well  dressed  ban- 
ditti, with  a  commissioner  of  the  customs  at  their  head. 

During  the  period  of  nine  years,  that  Mr.  Otis  was  at  the  head 
of  the  cause  of  his  country,  he  held  correspondence  with  gentle- 
men in  England,  Scotland  and  various  colonies  in  America.  He 
must  have  written  and  received  many  letters,  collected  many 
pamphlets,  and,  probably,  composed  manuscripts,  which  might 
have  illustrated  the  rising  dawn  of  the  revolution. 

After  my  return  from  Europe,  I  asked  his  daughter  whether  she 
had  found  among  her  father's  manuscripts,  a  treatise  on  Greek 
prosody  ?  With  hands  and  eyes  uplifted,  in  a  paroxysm  of  grief, 
she  cried,  "  Oh  !  sir,  I  have  not  a  line  from  my  father's  pen.  I 
have  not  even  his  name  in  his  own  hand  writiiis:.''  When  she  was 
a  little  calmed,  I  asked  her,  "  Who  has  his  papers?  Where  are 
they  ?"  She  answered,  "  They  are  no  more.  In  one  of  those 
unhappy  dispositions  of  mind,  which  distressed  him  after  his  great 
misfortune,  and  a  little  before  his  death,  he  collected  all  his  pa- 
pers and  pamphlets  and  committed  them  to  the  fiames. — He  was 
several  days  employed  in  it." 

I  cannot  enlarge.  I  submit  this  hint  to  your  reflections.  T'n- 
closed  is  a  morsel  of  verse,  written  soon  after  Mr.  Ofis's  death,  by 
a  very  young  gentleman,  who  is  now  one  of  our  excellent  magis- 
trates. If  you  do  not  think  fit  to  print  this  letter  and  that  verse. 
I  pray  you  to  return  them  to  .TOHN  ADAMS. 


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On  /A«  death  o/jAMka  6tii,  Arined  6j/  lightnings  at  Andotif^  soon  tfut  the 
ptaee  o/1783,  written  at  the  time. 

WHEN  flushed  with  conqueat  and  elate  with  pride, 

Critannia^s  monarch  Heaven^s  hifrh  will  defy^d  ; 

And,  bent  on  blood,  bj  hist  of  rule  inclined, 

With  odious  chains  to  tcx  (he  freeborn  midd  ;       . ,  .    • 

On  these  yonn^  shores  set  up  unjust  command, 

.tad  spread  (he  slaves  of  office  round  the  land ; 

Then  Oris  rose,  and,  great  in  patriot  fame. 

To  listening  crowds  resistance  dar'd  proclaim. 

From  soul  to  soul  the  bright  idea  ran. 

The  fire  of  freedom  flew  from  man  to  man ; 

His  pen,  like  Sidney^s,  made  the  doctrine  known, 

His  tongue,  like  Tully^  shook  a  tyrant's  throne. 

Then  men  grew  bold,  and,  in  the  public  eye^ 

The  right  ditine  ofmonarehs  dar^d  to  try  ; 

Light  shone  on  all,  despotic  darkness  fled —  ' 

And  for  a  sentimkht  a  nation  bled. 

Frommen,  like  Otis,  IK DEPENDEifCft grew;  j 

From  such  beginnings  empire  rose  to  view. 

Bom  for  the  world,  his  comprehensive  mind 

>Sc!aUti'd  the  wide  politics  of  human  kind  : 

Bless'd  with  a  native  strength  artd  fire  of  thought, 

With  Greek  and  Roman  learning  richly  fraught, 

Up  to  the  fountain  head  he  pushed  his  vieTr, 

And  from  first  principles  his  maxims  drew. 

'Spite  of  the  times,  this  truth  he  blaz'd  abroad  ; 

"  The  people's  safety  is  the  law  of  Go©."* 

For  (his  he  suffered  ;  hire'ing  slaves  combin'd 

To  dress  in  shades  the  brightest  of  mankind. 

And  see  they  come,  a  dark  desi)^ning  band. 

With  Murder's  heart  and  Execution's  hand.  ,         ' 

Hold,  villains !  Those  polluted  hands  restrain  ; 

Sior  (hat  exalted  head  with  blows  profane  1 

A  nobler  end  awaits  his  patriot  head  ; 

In  other  sort  he'll  join  the  illustrious  dead. 

Yes  !  when  tiie  glorious  work  which  he  begun,  .,v 

Shall  stand  the  most  complete  beneath  the  sun —  •  .,•■ 

When  peace  shall  come  to  crown  the  grand  design, 

Mis  eyes  shall  live  to  see  the  work  divine.—  ,.  - 

The  Heavens  shall  then  his  generous  spirit  claim, 

"  In  storms  as  loud  as  his  immortal  fame.'*t  >  '-      ' 

Hark  ! — (he  deep  thunders  echo  round  the  skies  I  >  '•  •  *  * 

On  wings  of  flame  the  eternal  errand  flies.  .     . .  .  i 

One  chosen,  chari(ab1e  bolt  is  sped. 

And  Otis  mingles  with  tlie  glorious  dead. 

•  Snlux  populiy  was  (he  mo(to  of  one  of  his  essays. 

^  V'aner,on  the  death  of  Cromwell. 


:.^!:  t\ 


■V'l 


233 


-*» 


"I: 


-■     •  TO  THE  SAME. 

.   -  Quincy,  fefcruary  13,  1818. 

Mli.  NiLES,  ,.    '  ,  . 

THE  American  Revolution  was  not  a  common  event.  Its 
effects  and  consequences  have  already  been  awful  over  a  great 
part  of  the  globe.     And  when  and  where  are  they  to  cease  ? 

But  what  do  we  mean  by  the  American  revolution  ?  Do  we  mean 
the  American  war  ?  The  revolution  was  effected  before  the  war 
commenced.  The  revolution  was  in  the  minds  and  hearts  of  the 
people  A  change  in  their  religious  sentiments,  of  their  duties 
and  obligations.  While  the  king,  and  all  in  authority  under  him, 
were  believed  to  govern  in  justice  and  mercy  a(icordingto  the  laws 
and  constitution  derived  to  them  from  the  God  of  nature,  and 
transmitted  to  them  by  their  ancestors — they  thought  themselves 
bound  to  pray  for  the  king  and  queen  and  all  the  royal  family,  and 
all  in  authority  under  them ;  as  ministers  ordained  of  God  for  their 
good.  But  when  they  saw  those  powers  renouncing  all  the  prin* 
ciples  of  authority,  and  bent  upon  the  destruction  of  all  the  secu- 
rities of  their  lives,  liberties  and  properties,  they  thought  it  their 
duty  to  pray  for  the  continental  congress  and  all  the  thirteen  state 
conjjfresses,  &c. 

There  might  be,  and  there  were  others,  who  thought  less  about 
religion  and  conscience,  but  had  certain  habitual  sentiments  of  al- 
legiance and  loyalty  derived  from  their  education  ;  but  believing 
allegiance  and  protection  to  be  reciprocal,  when  protection  was 
withdrawn,  they  thought  allegiance  was  dissolved. 

Another  alteration  *vas  common  to  all.  The  people  of  Ameri- 
ca had  been  educated  in  an  habitual  affection  for  England  as  their 
mother  country  ;  and  while  they  thought  her  a  kind  and  tender 
parent  (erroneously  enough,  however,  for  she  never  was  such  a 
mother)  no  affection  could  be  more  sincere.  But  when  they  found 
her  a  cruel  Beldam,  willing  like  lady  Macbeth,  to  "  dash  their 
brains  out,"  it  is  no  wonder  if  their  filial  affections  ceased  and  were 
changed  into  indignation  and  horror. 

This  radical  dmnge  in  the  principles^  opinions^  sentiments  and  oj- 
fections  of  the  people,  was  the  real  American  revolution. 

By  what  means,  this  great  and  important  alteration  in  the  relig- 
ious, mora!,  political  and  social  character  of  the  people  of  thirteen 
colonies,  all  distinct,  unconnected  and  independent  of  each  other, 
was  begun,  pursued  and  accomplished,  it  is  surely  interesting  to 
humanity  to  investigate,  and  perpetuate  to  posterity. 

To  this  end  it  is  greatly  to  be  desired  that  young  gentlemen  of 
letters  in  all  the  states,  especially  in  the  thirteen  original  states, 
would  undertake  the  laborious,  but  certainly  interesting  and  amu- 
sing task,  of  searching  and  collecting  all  the  records,  pamphlets, 
newspapers,  and  even  handbills,  whirh  in  any  way  contributed  to 

30 


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234 

c'ianj?e  the  temper  and  views  at  the  people  and  compose  them  into 
an  independent  nation. 

The  colonies  had  grown  up  under  constitutions  of  government 
so  different,  there  was  so  great  a  variety  of  religions,  they  were 
composed  of  so  many  different  nations,  their  customs,  mannets  and 
habits  had  so  little  rosembhmce,  and  their  intercourse  had  been  so 
rare  and  their  knowledge  of  each  other  so  imperfect,  that  to  unite 
th<'m  in  the  same  principles  in  theory  and  the  same  system  of  ac- 
tion, was  certainly  a  very  difficult  enterprise.  The  complete 
accomplishment  of  it,  in  so  short  a  time  and  by  such  simple  means, 
was  perhaps  a  singular  example  in  the  history  of  mankind.  Thir- 
teen clocks  were  made  to  stril;.-  logclher ;  a  perfection  of  mechan- 
ism which  no  artist  had  ever  before  effected. 

In  this  research,  the  glorinroles  of  individual  gentlemen  and  of 
separate  states  i^  of  little  conse<|nence.  The  means  and  the  mea- 
sures are  the  proper  objects  of  investigation.  These  may  be  of 
use  to  posterity,  not  only  in  this  nation,  but  in  South  America  and 
all  other  countries.  They  rtiay  teach  mankind  that  revolutions 
are  no  trillos  ;  that  they  ought  never  to  be  undertaken  rashly  ;  nor 
without  deliberate  consideration  and  sober  reflection;  nor  without 
a  solid,  immutable,  eternal  foundation  of  justice  and  humanity  ; 
nor  without  a  people  possessed  of  intelligence,  fortitude  and  integ- 
rity sufficient  to  carry  them  with  steadiness,  patience,  and  perse- 
verance, through  all  the  vicissitudes  of  fortune,  the  fiery  trials 
and  melancholy  disasters  they  may  have  to  encounter. 

The  town  of  Boston  early  instituted  an  annual  oration  on  the 
fourth  of  July,  in  commemoration  of  the  principles  and  feelings 
which  contributed  to  ]>roduce  the  revolution.  Many  of  those 
oration.s  I  have  heard,  and  aill  that  I  could  obtain  1  have  read. 
Much  ingenuity  and  eloquence  appears  upon  every  subject,  except 
those  principles  and  feelings.  That  of  my  honest  and  amiable 
neighbour,  Josiah  Quincy,  appeared  to  me  the  most  directly  to 
the  purpose  of  the  institution.  Those  principles  and  feelings 
ought  to  be  traced  back  for  two  hundred  years,  and  sought  in  the 
liislory  of  the  country  from  the  firat  plantations  in  America.  Nor 
should  the  principles  and  feelings  of  the  EngUsh  and  Scotch  to- 
wards the  colonies,  through  that  whole  period  ever  be  forgotten. 
The  perpetual  disconlance  between  British  principles  and  feelings 
and  of  those  of  America,  the  next  year  after  the  suppression  of 
the  French  power  in  America,  came  to  a  crisis,  and  produced  an 
:.  explosion. 

It  was  not  until  after  the  annihilation  of  the  French  dominion  in 
America,  that  any  British  ministry  had  dared  to  gratify  their  own 
wishes,  and  the  desire  of  the  nation,  by  projecting  a  formal  plan 
for  raising  a  national  revenue  from  America,  by  parliamentary 
taxation.  The  lirst  great  manifestation  of  this  design  was  by  the 
order  to  carry  into  strict  executions  those  acts  of  parliament 
which  were  well  known  by  the  appellation  of  the  acts  of  tradcy 
which  had  lain  n  dead  letter,  unexecuted  for  a  half  a  century,  and 
(r^onu'  ef  thorn.  I  believe,  lor  nearly  a  whole  one. 


235 


v|5 


This  produced,  m  1760  and  1761,  an  ariakciiing  anA  a  revival  oi 
American  principles  and  feelinp^s,  with  an  enthusiasm  which  went 
on  increasing,  till  in  1775  it  burst  out  in  open  violence,  hostility 
and  fury. 

The  characters,  the  most  conspicuous,  the  most  ardent  and  in- 
fluential in  this  revival,  from  1760  to    17GG,  were,  first  and  fore- 
most, before  all  and  above  all,  James  Otis ;  next  to  him  was  Oxen- 
bridge  Thatcher  ;  next  to  him,  Samuel  Adams  ;  next  to  him,  John 
Hancock  ;  then  Dr.  Mayhew  ;  then  Dr.  Cooper  and  his  brother. 
Of  Mr.  Hancock^s  life,  character,  jjenerous  nature,  grciit  and  dis- 
interested  sacrifices,   and    important  services,  if  I   had  forces,   I 
should  be  glad  to  write  a  volume.      But  this  I  hope  will  be  done 
by  some  younger  and  abler  hand.      Mr.   Thatcher,  because  his 
name  and  merits  are  less  known,  must  not  be  wholly  omitted. — ■ 
This  gentleman  was  an  eminent  barrister  at  law,  in  as  large  prac* 
tice  as  any  one  in  Boston.      There  was  not  a  citi/.en  of  that  town 
more  universally  beloved  for  his  learning,  ingenuity,  every  domes- 
tic and  social  virtue,  and  conscientious  conduct  in  every  relation 
of  life.     His  patriotism  was  as  ardent  as  his  progenitors  had  been 
ancient  and  illustrious  in   this  country.      Hutchinson   often   said, 
"  Thatcher  was  not  born  a  plebeian,  but  he  was  determined  to  die 
one."     In  May,   1763,  I  believe,  he  was  chosen  by  the  town  of 
Boston  one  of  their  representatives  in  the  legislature,  a  colleague 
with  Mr.  Otis,  who  had  been  a  member  from  May  1761,  and  he 
continued  to  be  re-elected  annually  till  his  death  in  17C5,  when 
Mr.  Samuel  Adams  was  elected  to  fill  his  place,  in  the  absence  of 
Mr.   Otis,  then  attending  the  congress  at  New  York.     Thatcher 
had  long  been  jealous  of  the  unbounded  ambition  of  Mr.  Hutchin- 
son, but  \vhen  he  found  him  not  content  with  the  office  of  lieut. 
governor,  the  command  of  the  castle  and  its  emoluments,  of  judge 
of  probate  for  the  county  of  Suffolk,  i^seat  in  his  majesty ^s  council 
in   the  legislature,   his  brother  in-law  secretary  of  state  by  the 
king^s  commission,  a  brother  of  that  secretary  of  state,  a  judge  of 
the  supreme  courtandamember  of  council,  now  in  1760  and  1761, 
soliciting  and  accepting  the  office  of  chjef  justice  of  the  superior 
court  of  judicature,  he  concluded,  as  Mr.  Otis  did,  and  as  every 
other  enlightened  friend  of  his  country  did,   that  he  sought  that 
office  with  the* determined  purpose  of  determining  all  causes  in  fa- 
vor of  the  ministry  at  St.  James's,  and  their  servile  parliament. 

His  indignation  against  him  henceforward,  to  1765,  when  he 
died,  knew  no  bounds  but  truth.  I  speak  from  personal  know- 
ledge. For,  from  1758  to  1765,  I  attended  every  superior  and 
inferior  court  in  Boston,  and  recollect  pot  one,  in  which  he  did  not 
invite  me  home  to  spend  evenings  with  him,  when  he  made  me 
converse  with  him  as  well  as  1  could,  on  all  subjects  of  religion, 
morals,  law,  politics,  history,  philosophy,  belles  lettres,  theology, 
mythology,  cosmogony,  metaphysics, — Lock,  Clark,  Leibnits,  Bo- 
lingbroke,  Berckley, — the  pre-established  harmony  of  the  uni- 
verse, the  nature  of  matter  and  of  spirit,  and  the  eternal  establish- 


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1236 


paent  of  coincidences  between  their  operations,   fntc,  foreknow- 
ledcre,  absolute  ;  and  we  reasoned  on  such  unfathomable  subjects 
as  high  as  Milton^s  gentry  in  pandemonium  ;  and  wc  understood 
them  as  well  as  they  did,  and  no  better     To  such  mighty  myste> 
rics  he  added  tlie  news  of  the  day,  and  the  tittle  tattle  of  the  town. 
But  his  favourite  subject  was  politics,  and  the  impending  threaten* 
ing  system  of  parliamentary  taxation  and  universal  guvernmeni 
over  the  colonies.     On  this  subject  he  was  so  anxious  and  agitated 
that  I  have  no  doubt  it  occasioned  his  premature  death.   From  the 
time  when  he  arguf^d  the  question  of  writs  of  assistance,  to   his 
death.he  considered  the  king,  ministry,  parliament  and  nation  of  G. 
B.  as  determined  to  new  model  the   colonies  from  the  foundation  ; 
to  annul  all  their  charters,  to  constitute  them  all  royal  govern- 
ments ;  to  raise  a  revenue  in  America  by  parliamentary  taxation  ; 
to  apply  that  revenue  to  pay  the  salr.rics  of  governours,  judges  and 
all  other  crown  oOiccrs;    and,  after  all  this,  to  raise  as  large  a 
revenue  as  they  pleased,  to  be  applied  to  national  purposes  at  the 
exchequer  in  England;    and  further  to  establish  bishops  and  the 
whole  system  of  the  church  of  England,  tythesand  all,  throughout 
all  British  America.      This  systom,   he  said,  if  it  was  suffered  to 
prevail,  would  extinguish  the  ilame  of  liberty  all  over  the  world; 
that  America  would  be  employed  as  an  engine  to  batter  down  all 
the  miserable  remains  of  liberty  in  Great  Britain  and  Ireland, 
where  only  any  semblance  of  it  was  left  in  the  world.     To  this 
«ystem  he  considered  Hutchinson,  the  OHvers  and  all  thrir  con* 
nections,  dependants,  adherents,   shoelickers,  &c.    entirely  devo- 
ted.    He  asserted  that  they  were  all  engaged  with  all  the  crown 
officers  in  America  and  the  understrappers  of  the  ministry  in  Eng- 
land, in  a  deep  and  treasonable  conspiracy  to  betray  the  liberties 
of  their  country,  for  their  own  private,  personal  and  family  ag- 
grandizement.    His  philippicks  against  the  unprincipled  ambition 
and  avarice  of  all  of  them,   but  especially  of  Hutchinson,  were 
unbridled  ;    not  only  in  private,  confidential  conversations,  but  in 
all  companies  and  on  all  occasions.     He  gave  Hutchinson  ttie  sol)- 
riquet  of  ^^  Summa  Potestatis,"  and  rarely  mentioned  him  but  by 
the  name  of  "  Summa."     His  liberties  of  speech  were  no  secrets 
to  his  enemies.     1  have  sometimes  wondered  that  they  did  not 
throw  him  over  the  bar,  as  they  did  soon  afterwards  major  Haw- 
ley.      For  they  hated  him  worse  than  they  did  James   Otis,  or 
Samuel  Adams,  and  they  feared  him  more,  because  they  had  no 
jevenge  for  a  father's  disappointment  of  a  seat  on  the  superior 
bench  to  impute  to  bun,  as  they  did  to  Otis ;  and  Thatcher's  char- 
acter through  life  had  been  so  modest,  decent,  unassuming;  his 
morals  go  pure,  and  his  religion  so  venerated,  that  they  dared  not 
attack  him.     In  h<s  o^lice  were  educated  to  the  bar,  two  eminent 
characters,  the  late  judge  Lowell,  and  JosiahCiuincy,  aptly  called 
(he  Boston  Cicero.      Mr.  Thatcher's  frame  wtis  slender,  his  con- 
stitution delicate ;  whether  his  physicians  overstrained  his  vessels 
with  mercuiy,  whep  he  had  the  small  pox  by  inoculation  at  the 


4- 


reknow- 
subjcct8 
deratood 
y  niyste- 
tie  town, 
threaten- 
/ernmeni 
I  (Imitated 
b^om  the 
e,  to  his 
tioii  of  G. 
indution  ; 
I  govern- 
taxation  ; 
idges  and 

9  largo  a 
9CS  iit  the 
8  and  the 
roughout 
uifcred  to 
le  world ; 
down  all 
I  Ireland, 

To  this 
hf'ir  con- 
ely  devo- 
he  crown 
7  in  Eng- 

liberties 
iimily  ag- 

ambition 
son,  were 
ns,  but  in 
[1  the  sole- 
ra but  by 

10  secrets 
did  not 

jot  Haw- 
Otis,  or 
had  no 
superior 
ler's  char- 
ning;  his 
dared  not 
eminent 
tly  called 
,  his  eon- 
is  vessels 
on  at  the 


237 


eaitle,  or  whether  he  was  overplied  by  public  anxieties  and  exer 
tions,  the  small  pox  left  liiin  in  a  decline  from  which  he  never 
recovered.  Not  long  before  his  death  he  sent  for  me  to  commit 
to  my  care  some  of  his  business  at  the  bar.  I  asked  him  whether 
he  had  seen  the  Virginia  resolves ;  "  Oh  yes — they  are  men  !  they 
are  noble  spirits  !  It  kills  me  to  think  of  the  lethargy  and  stupidi- 
ty that  prevails  here.  I  long  to  be  out.  I  will  go  out.  1  will  go 
out.  I  will  go  into  court,  and  make  :>  speech  which  iiball  be  read 
after  my  death,  a.^  my  dying  testimony  agiiin^t  this  infornal  tyranny 
which  they  are  bringing  upon  us.''  Seeing  the  violent  agitation 
into  which  it  threw  him,  1  clianged  the  sul  jcct  ns  soon  as  possible, 
and  retired.  He  had  been  contined  for  some  time.  Had  he  been 
abroad  among  the  people,  he  would  not  have  complained  so  pa- 
thetically of  the  "  lethargy  and  stupidity  that  prevailed,"  for  town 
and  country  were  all  alive  ;  and  in  August  bociime  active  enough, 
and  some  of  the  people  proceeded  to  unwarrantabio  excesses, 
which  were  more  lamented  by  the  patriots  than  by  their  enemies. 
Mr.  Thatcher  soon  died,  deeply  lamented  by  all  the  frienils  of 
their  country. 

Another  gentleman,  who  had  great  influence  in  the  commence- 
ment of  the  revolution,  was  doctor  Jonathan  Mayhew,  a  descend- 
ant of  the  ancient  governor  of  Martha's  Vineyard.     This  divine 
had  raised  a  great  reputation  both  in  Europe  and  America,  by  the 
publication  of  a  volume  of  seven  sermons    in  the  reign  ol  king 
George  the  secoiM,  1749,  and  by  many  other  writings,  particular- 
ly a  sermon  in  1750,    on  the  thirtieth  of  January,  on  the  subject 
of  passive  obedience  and  non-resistance;  in  which  the  saintship 
and  matyrdom  of  king  Charles  the  first  are  considered,  seasoned 
with  wit  and  satire  superior  to  any  in  Swift  or  Franklin.     It  was 
read  by  every  body  ;  celebrated  by  friends  and  abused  by  enemies. 
During  the  reigns  of  king  George   the  first  and  king  George  the 
second,  the  reigns  of  the  Stuarts,  the  two  Jameses  and  the  two 
Charleses,  were  in  general  disgrace  in  England.     In  America  they 
had  always  been  held  in  abhorrence.     The  persecutions  and  cru- 
elties suffered  by   their  ancestors  under  those  reigns,  had  been 
transmitted  by  history   and  tradition,  and  Mayhew  seemed  to  be 
raised  up  to  revive  all  their  animosities  against  tyranny,  in  church 
and  state,  and  at  the  same  time  to  destroy  their  bigotry,  fanaticism 
and  inconsistency.      David  Hume's  plausible,  elogant,  fascinating 
and  fallacious  apology,  in  which  be  varnished  over  the  crimes  of 
the  Stuarts,  had  not  then  appeared.      To  draw  the  character  of 
Mayhew  would  be  to  transcribe  a  dozen  volumes.     This  transcen- 
dant  genius  threw  all  the  weight  of  his  great  fame  into  the  scale 
of  his  country  in  1761,  and  maintained  it  there  with  zeal  and  ardor 
till  his  death  in  1766.     In  1763  appeared  the  controversy  between 
him  and  Mr.  Apthorp,   Mr.  Caner,  Dr.  Johnson  and  archbishop 
Seeker,  on  the  charter  and  conduct  of  the  society  for  propagating 
the  gospel  in  foreign  parts.     To  form  a  judgment  of  this  debate  \ 
beg  leave  to  refer  to  a  review  of  the  whole,  printed  at  the  time 


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238 


and  written  by  Samuel  Adams,  though  by  some,  very  absurdly  axd 
erroaeously,  ascribed  to  Mr.  Apthorp.  If  I  am  not  mistaken,  it 
wiii  be  found  a  model  of  candor,  sagacity,  impartiality,  and  close, 
correct  reasoning. 

If  any  gentleman  supposes  this  controversy  to  be  nothing  to  the 
present  purpose,  he  is  grossly  mistaken.  It  spread  an  universal 
alarm  against  the  authority  of  parliament.  It  excited  a  general 
and  just  apprehension,  that  bishops  and  diocesses  and  churches, 
and  priests,  and  tythes,  were  to  be  imposed  on  us  by  parliament. 
It  was  known,  that  neither  king,  nor  ministry,  nor  archbishops, 
could  appoint  bishops,  in  America,  without  an  act  of  parliament ; 
and  if  parliament  could  tax  us,  they  could  establish  the  church 
of  England,  with  all  its  creeds,  articles,  tests,  ceremonies,  and 
tythes,  and  prohibit  all  other  churches,  as  conventicles,  and  schism 
shops. 

Nor  must  Mr.  Gushing  be  forgotten.  His  good  sense  and  sound 
judgment,  the  urbanity  of  his  manners,  his  universal  good  char- 
acter, bis  numerous  friends  and  connections,  and  his  continual  in- 
tercourse with  all  sorts  of  people,  added  to  his  constant  attach- 
ment to  the  liberties  of  his  country,  gave  him  a  great  and  salutary 
influence  from  the  beginning  in  17G0. 

Let  me  recommend  these  bints  to  the  consideration  of  Mr.  Wirt, 
whose  life  of  Mr.  Henry  I  have  read  with  great  delight.  I  think 
that  after  mature  investigation,  he  will  be  convinced,  that  Mr. 
Henry  did  not "  give  the  first  impulse  to  the  ball  of  independence," 
and  that  Otis,  Thatcher,  Samuel  Adams,  Mayhew,  Hancock,  Gush- 
ing, and  thousands  of  others,  were  labouring  for  several  years  at 
the  wheel,  before  the  name  of  Henry  was  heard  beyond  the  lim- 
its of  Virginia. 

If  you  print  this,  I  will  endeavour  to  send  you  something  con- 
cerning Samuel  Adams,  who  was  destined  to  a  longer  career,  and 
to  act  a  more  conspicuous,  and  perhaps  a  more  important  part 
than  any  other  man.  But  his  life  would  require  a  volume.  If  you 
decline  printing  this  letter,  I  pray  you  to  return  it  as  soon  as  pos- 
sible to. 

Sir,  Your  humble  servant, 

JOHN  ADAMS. 


TO  MR.  WIRT. 


Sir, 


Quincy,  January  5,  1818. 


YOUR  sketches  of  the  life  of  Mr.  Henry  have  given  me  a  rich 
entertainment.  I  will  not  compare  them  to  the  Sybil,  conducting 
^neas  to  see  the  ghosts  of  departed  sages  and  heroes  in  the  region 
b?>Iow,  but  to  an  angel,  convoying  me  to  the  abodes  of  the  bless- 
ed on  high,  to  converse  with  the  spirits  of  just  men  made  perfect. 


'^\ 


''i 


irdly  anil 
taken,  it 
nd  close, 

ng  to  the 
universal 
a  general 
churches, 
irliameat. 
:hbishops, 
rliament ; 
le  church 
tnies,  and 
nd  schism 

and  sound 
;ood  char- 
ntinual  in- 
int  attach- 
d  salutary 

Mr.  Wirt, 
.  I  think 
,  that  Mr. 
endence," 
3ck,  Cush- 
i\  years  at 
id  the  lim- 


thing  con- 

areer,  and 

tant  part 

If  you 

•on  as  po8- 


lDAMS. 


I;,  1818. 

me  a  rich 
conducting 
the  region 
the  bless- 
e  perfect. 


23d 


The  names  of  Henry,  Lee,  Bland,  Pendleton,  Washington,  Rut- 
ledge,  Dickinson,  Wythe,  and  many  others,  will  ever  thrill  through 
my  veins  with  an  agreeable  sensation.  I  am  not  about  to  make 
any  critical  remarks  upon  your  works,  at  present.     But,  sir. 


A 


Erant  heroes  ante  Agamemoona  multi. 

Or,  not  to  garble  Horace, 

Vixere  fortes  ante  Agamemnona 

Muhi:  sed  oaincs  iilacrimabiles  ' 

Urgentur,  ignotique  longa 

Nocte,  carent  quia  vate  sacro. 

If  I  could  go  back  to  the  age  of  thirty  five,  Mr.  Wirt,  I  wouKi 
endeavour  to  become  your  rival ;  not  in  elegance  of  composition, 
but  in  a  simple  narration  of  facts,  supported  by  records,  histories, 
and  testimonies,  of  irrefragable  authority.  I  would  adopt,  in  all 
its  modesty,  your  title,  "  Sketches  of  the  life  and  writings  of  James 
Otis,  of  Boston."  And,  in  imitation  of  your  example,  I  would  in- 
troduce portraits  of  a  long  catalogue  of  illustrious  men,  who  were 
agents  in  the  revolution,  in  favor  of  it  or  against  it. 

Jeremiah  Gridley,  the  father  of  the  bar  in  Boston,  and  the  pre- 
ceptor of  Pratt,  Otis,  Thatcher,  Gushing,  and  many  others ;  Ben- 
jamin Pratt,  chief  justice  of  New-York ;  colonel  John  Tynge, 
James  Otis,  of  Boston,  the  hero  of  the  biography ;  Oxenbridge 
Thatcher,  Jonathan  Sewall,  attorney  general  and  judge  of  admi- 
ralty ;  Samuel  Quincy,  solicitor  general ;  Daniel  Leonard,  nOw 
chief  justice  of  Bermuda;  Josiah  Quincy,  the  Boston  Cicero; 
Richard  Dana  and  Francis  Dana,  his  son,  first  minister  to  Russia, 
and  aflerwards  chief  justice  ;  Jonathan  Mayhew,  D.  D.  Samuel 
Cooper,  D.  D.  Charles  Chauncey,  D.  D.  James  Warren  and  his 
wife  ;  Joseph  Warren,  of  Bunker's  Hill ;  John  Winthrop,  profes-> 
sor  at  Harvard  college,  and  a  member  of  council ;  Samuel  Dex- 
ter, the  father ;  John  Worthington,  of  Springfield ;  Joseph  Haw- 
ley,  of  Northampton,  and  James  Lovel,  of  Boston ;  governors 
Shirley,  Pownal,  Bernard,  Hutchinson,  Hancock,  Bowdoin,  Adams, 
Sullivan,  and  Gerry ;  lieutenant  governor  Oliver,  chief  justice 
Oliver,  juc^e  Edmund  Trowbridge,  judge  William  Gushing,  and 
Timothy  Ruggles,  ought  not  to  be  omitted.  The  military  char- 
acters. Ward,  Lincoln,  Warren,  Knox,  Brooks,  Heath,  &c.  must 
come  in  of  course.  Nor  should  Benjamin  Kent,  Samuel  Swift, 
or  John  Reed,  be  forgotten. 

I  envy  none  of  the  well  merited  glories  of  Virginia,  or  any  of 
her  sages  or  heroes.  But,  sir,  I  am  jealous,  very  jealous,  of  the 
honour  of  Massachusetts. 

The  resistance  to  the  British  system,  for  subjugating  the  colo- 
nies, began  in  1760,  and  in  the  month  of  February,  17^1,  Jame.c 
Otis  electrified  the  town  of  Boston,  the  province  of  Massachu- 
setts bay,  and  the  whole  continent,  more  than  Patrick  Henry  ever 
did  in  the  whole  course  of  his  life.  If  we  mast  have  panegyrics 
and  hyperboles,  I  must  say,  that  if  Mr.  Henry  was  Demosthenes, 
and  Mr.  Richard  Henry  Lee,  Cicero,  James  Otis  was  haiah  and 
Ezekiel  united. 


':7'-:.5|;; 


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I.    i!i;  .:| 


i  bopeii  8ir,  that  some  youngs  gentleman,  of  the  ancient  and  hoii* 
curable  family  of  "  The  Searchers,"  will  hereafter  do  impartial 
justice,  both  to  Vii^inia  and  Massachusetts. 

After  all  this  freedom,  1  assure  you,  sir,  it  is  no  flhttery,  when  I 
congratulate  the  nation  on  the  acquisition  of  an  attorney  general  of 
such  talents  and  industry  as  your  "  Sketches"  demonstrate. 
With  great  esteem,  I  am.  Sir, 

Your  friend  and  humble  servant, 

JOHN  ADAMS. 
Mr.  Wirt,  Attorney  General  of  the  United  States. 


TO  THE  SAME. 


dm. 


Ciuincy,  January  23,  i819. 


t 


I  THANK  you  for  your  kind  letter  of  the  12th  of  this  month. 
As  I  esteem  the  character  of  Mr.  Henry,  an  hoviour  to  our  country, 
and  your  volume  a  masterly  dt:lineation  of  it,  I  gave  orders  to 
purchase  it  as  soon  as  I  heard  of  it,  but  was  told  it  was  not  to  be 
had  in  Boston.  1  have  seen  it  only  by  great  favour  on  a  short  loan. 
A  copy  from  the  author  would  be  worth  many  by  purchase.  It 
may  be  sent  to  me  by  the  mail. 

From  a  personal  acquaintance,  perhaps  I  might  say  a  friend- 
ship, with  Mr.  Henry,  of  more  than  forty  years,  and  from  all  that 
I  have  heard  or  read  of  him^  1  have  always  considered  him  as  a 
gentleman  of  deep  reflection,  keen  sagacity,  clear  foresight,  dar- 
ing enterprise,  inflexible  intrepidity,  and  untainted  integrity;  with 
an  ardent  zeal  for  the  liberties,  the  honour,  and  felicity  of  his 
country,  and  his  species.  All  this,  you  justly  as  I  believe,  repre- 
sent him  to  have  been.  There  are,  however,  remarks  to  be 
made  upon  your  work,  which,  if  I  had  the  eyes  and  hands,  I  would, 
in  the  spirit  of  friendship,  attempt.  But  my  hands,  and  eyes. 
and  life,  are  but  for  a  moment. 

When  congress  had  tinished  their  business,  as  they  thought,  in 
the  autumn  of  1774, 1  had,  with  Mr.  Henry,  before  we  took  leave 
of  each  other,  some  familiar  conversation^  in  which  I  expressed 
a  full  conviction,  that  our  resolves,  declarations  of  rights,  enumer- 
ation of  wrongs,  petitions,  remonstrances,  and  addresses,  associa* 
tions,  and  noii  importation  agreements,  however  theytnight  be  ex-> 
pected  in  America,  and  however  necessary  to  cement  the  union 
of  the  colonies,  would  be  but  waste  water  in  England.  Mr.  Hen- 
ry said,  they  might  make  some  impression  among  the  people  of 
England,  but  agreed  with  me  that  they  would  be  totally  lost  upon 
the  government.  1  had  but  just  refj^ived  a  short  and  hasty  letter, 
written  to  m»>  by  major  Joseph  H»wley,  of  Northampton,  con- 
taining '■'■  a  feu  broken  hints,"  as  iw  called  them^  of  what  he 


241 

thought  was  proper  to  be  done,  and  concluding  with  these  worclS( 
"  afttr  all  we  ntust  fighV  This  letter  I  read  to  Mr.  Henry,  who 
listened  with  great  attention  ;  and  as  soon  as  I  had  pronounced  the 
words,  "  after  all  we  must  fight,"  he  raised  his  head,  and  with  an 
energy  and  vehemence  that  I  can  never  forget,  broke  out  with 
*'  Bv  G — D,  I  AM  OF  THAT  man's  MIND."  I  put  the  letter  into  his 
hand,  and  when  he  had  read  it,  he  retui^ned  it  to  me,  with  an 
equally  solemn  asseveration,  that  he  agreed  entirely  in  opinion 
with  the  writer.  I  considered  this  as  a  sacred  oath^  upon  a  very 
great  occasion,  and  could  have  sworn  it  as  religiously  as  he  did, 
and  by  no  means  inconsistent  with  what  you  say,  in  some  part  of 
your  book,  that  he  never  took  the  saCred  name  in  vain. 

As  I  knew  the  sentiments  with  which  Mr.  Henry  left  congress, 
in  the  autumn  of  1774,  and  knew  the  chapter  and  verse  from 
which  he  had  borrowed  fhp  sublime  expression,  "  we  must  fight," 
I  was  not  at  all  surprised  at  your  history,  in  the  122d  page,  in  the 
note,  and  in  some  of  the  preceding  and  following  pages.  Mr. 
Henry  only  pursued,  in  March,  1775,  the  views  and  vows  of  No- 
vember, 1774. 

The  other  delegates  from  Virginia  returned  to  their  8'.ate  in  full 
confidence,  that  all  our  grievances  would  be  redressed.  The  last 
words  that  Mr.  Rich  -d  Henry  Lee  said  to  me,  when  we  parted, 
were,  "wc  shall  infallibly  carry  all  mtr  points.  You  will  be  00111- 
pletely  relieved  ;  all  the  offensive  acts  will  be  repealed  ;  the  army  and 
Jleet  will  be  recalled^  and  Britain  will  give  up  her  foolish  project" 

Washington  only  was  in  doubt.  He  never  spoke  in  public.  In 
private  he  joined  with  those  who  advocated  a  non-exportation,  as 
well  as  a  non  importation  agreement.  With  both  he  thought  vre 
should  prevail ;  without  either,  he  thought  it  doubtful.  Henry 
was  clear  in  one  opinion,  Richard  Henry  Lee  in  an  opposite  opin- 
ion, and  Washington  doubted  between  the  two.  Henry,  howevdr, 
appeared  in  the  end  to  be  exactly  in  the  right. 

Oratory,  Mr.  Wirt,  as  it  consists  in  expressions  of  the  counte- 
nance, graces  of  attitude  and  motion,  and  intonation  of  voice, 
although  it  is  altogether  superficial  and  ornamental,  will  always 
command  admiration,  yet  it  deserves  little  veneration.  Flashes 
of  wit,  coruscations  of  imagination  and  gay  pictures,  what  are 
they  ?  Strict  truth,  rapid  reason  and  pure  integrity  are  the  only 
essential  ingredients  in  sound  oratory.  I  flatter  myself,  that 
Demosthenes,  by  his  "  action  !  action  !  action  !"  meant  to  express 
the  same  opinion.  To  speak  of  American  oratory,  ancient  or 
modern,  would  lead  me  too  far,  and  beyond  my  depth. 

I  must  conclude  with  fresh  assurances  of  the  high  esteem  of 
your  humble  servant, 

JOHN  ADAMS, 
William  Wirt,  Esq. 

Jittorney  General  of  the  United  Statef. 

31 


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242 


M^U 


TO  THE  HON.  WM.  TUDOR. 


'.i-'-h 


Qmncy,  February  85,  1818. 


DEAR  SIR, 


As  Mr.  Wirt  has  filled  my  head  with  James  Otis,  and  as  1  am 
well  informed,  that  the  honourable  Mr.  **♦***♦♦  *****^  alias 
*••***•*,  alias  •**  ***»»,  kc.  roundly  asserts,  that  Mr.  "  Otis  had 
no  patriotism,"  and  that "  he  acted  only  from  revenge  of  his  father's 
disappointment  of  a  seat  at  the  Superior  Bench,"  I  will  tell  you 
a  story  which  may  make  you  laugh,  if  it  should  not  happen  to  melt 
you  into  tears. 

Otis  belonged  to  a  club,  who  met  on  evenings,  of  which  club 
William  Molineux,  whose  character  you  know  very  well,  was  a 
member.  Molineux  had  a  petition  before  the  legislature,  which 
did  not  succeed  to  his  wishes,  and  he  became  for  several  evenings 
sour,  and  wearied  the  company  with  his  complaints  of  services, 
losses,  sacrifices,  S:c.  and  said,  '■'•  that  a  man  who  has  behaved  as 
I  have,  should  be  treated  as  I  am,  is  intolerable,"  &c.  Otis  had 
gaid  nothing,  but  the  company  were  disgusted  and  out  of  patience, 
when  Otis  rose  from  his  seat,  and  said,  ^'  come,  come.  Will,  quit 
this  subject,  and  let  us  enjoy  ourselves.  I  also  have  a  list  of  griev- 
ances, will  you  hear  it  ?  The  club  expected  some  fun,  and  all 
cried  out,  "  Aye  !  Aye  I  let  us  hear  your  list." 

"  Well,  then.  Will ;  in  the  first  place  I  resigned  the  office  of 
advocate  general,  which  1  held  from  the  crown  which  produced 
me  ;  how  much,  do  you  think  ?"  "  A  great  deal,  no  doubt,"  said 
Molineux.  "  Shall  we  say  two  hundred  sterling  a  year?"  "  Aye, 
more  I  believe,"  said  Molineux.  "  Well,  let  it  be  200 ;  that  for 
ten  years  is  two  thousand.  In  the  next  place,  I  have  been  obli- 
ged  to  relinquish  the  greatest  part  of  my  business  at  the  bar. 
Will  you  set  that  at  200  more  ?"  "  Oh  I  believe  it  much  more  than 
that.  "  Well  let  it  be  200.  This  for  ten  years  makes  two  thous- 
and.  You  allow,  then,  I  have  lost  4000^  sterling."  "  Aye,  and 
more  too,"  said  Molineux. 

^^  In  the  next  place,  I  have  lost  an  hundred  friends ;  among 
whom  were  the  men  of  the  first  rank,  fortune  and  power  in  the 
province.  At  what  price  will  you  estimate  them  ?"  "  Damn 
them,"  said  Molineux,  "  at  nothing.  You  are  better  without 
them  than  with  them.'*     A  loud  laugh.     "  Be  it  so,"  said  Otis. 

"  In  the  next  place,  I  have  made  a  thousand  enemies ;  amongst 
whom  are  the  government  of  the  province  and  the  nation.  What 
do  you  think  of  this  item  ?"  "  That  is  as  it  may  happen,"  said  Mo- 
lineux. 

"  In  the  next  place,  you  know  t  love  pleasure.  But  1  have 
renounced  all  amusement  for  ten  years.  What  is  that  worth  to  a 
man  of  pleasure  ?"  "  No  great  matter,"  said  Molineux,  "  you 
have  made  politics  your  amusement."    A  hearty  laugh.  # 


1818. 


as  I  am 
**,  alias 
Otis  had 
3  father's 

tell  you 
n  to  melt 

lich  cluh 
sll,  was  a 
■e,  which 
evenings 
services, 
ihaved  as 

Otis  had 
patience, 
^ill,  quit 

of  griev- 
,  and  all 

;  office  of 
produced 
ubt,"  said 
'  "Aye, 
that  for 
)een  obli- 

the  bar. 
nore  than 
wo  thous- 

Aye,  and 

;  among 
rer  in  the 

"  Damn 

without 

Otis. 

amongst 
in.    What 

said  Mo* 

ut  I  have 
vorth  to  a 

IX, 


"  you 

• 


243 


^'  In  the  next  place,  I  have  ruined  as  fine  health  and  as  good  a 
constitution  of  body,  as  nature  ever  gave  to  man."  "  This  is  mel- 
ancholy indeed,"  said  Molineux.  *^  There  Is  nothing  to  be  said 
upon  that  point." 

'^  Once  more,  said  Otis,  holding  his  head  down  before  Molineux, 
look  upon  this  head  !  (where  was  a  scar  in  which  a  man  might 
bury  his  finger.)  What  do  you  think  of  this  ?  And  what  is  worse, 
my  friends  think  I  have  a  monstrous  crack  in  my  scuil.  This 
made  all  the  company  very  grave,  and  look  very  solemn.  But 
Otis  setting  up  a  laugh,  and  with  a  gay  countenance,  said  to  Moli- 
neux, "  Now,  Willy,  my  advice  to  you  is,  to  say  no  more  about 
your  grievances ;  for  you  and  1  had  belter  put  up  our  accounts  of 
profit  and  loss  in  our  pockets,  and  say  no  more  about  them,  lest 
the  world  should  laugh  at  us." 

This  whimsical  dialogue  put  all  the  company,  and  Molineux 
himself  into  good  humour,  and  they  passed  the  rest  of  the  eve- 
ning in  joyous  conviviality. 

It  is  provoking,  and  it  is  astonishing,  and  it  is  mortifying,  and  it 
is  humiliating  to  see,  how  calumny  sticks,  and  is  transmitted  from 
age  to  age.  Mr.  ******  is  one  of  the  last  men  1  should  have  expect- 
ed to  have  swallowed  that  execrable  lie,  that  Otis  had  no  patri- 
otism. The  father  was  refused  an  ofhce  worth  1200/.  old  tenor, 
or  about  120/.  sterling,  and  the  refusal  was  no  loss,  for  his  practice 
at  the  bar  was  worth  much  more  ;  for  Colonel  Otis  was  a  lawyer 
in  profitable  practice,  and  his  seat  in  the  legislature  gave  him 
more  power  and  more  honour ;  for  this  refusal  the  son  resigned 
an  office  which  he  held  from  the  crown,  worth  twice  the  sum. 
The  son  must  have  been  a  most  dutiful  and  affectionate  child  to 
the  father.  Or  rather,  most  enthusiastically  and  frenzically  affec- 
tionate. 

I  have  been  young,  and  now  am  old,  and  I  solemnly  say,  I  have 
never  known  a  man  whose  love  of  his  country  was  more  ardent 
or  sincere  ;  never  one,  who  suffered  so  much ;  never  one,  whose 
services  for  any  ten  years  of  his  life,  were  so  important  and  essen- 
tial to  the  cause  of  his  country,  as  those  of  Mr.  Otis  from  1760  to 
1770. 

The  truth  is,  he  was  an  honest  man,  and  a  thorough  taught 
lawyer.  He  was  called  upon  in  his  official  capacity  as  advocate 
general  by  the  custom  house  officers,  to  argue  their  cause  in  fa- 
vour of  writs  of  assistants.  These  writs  he  knew  to  be  illegal, 
unconstitutional,  destructive  of  the  liberties  of  his  country  ;  a  base 
instrument  of  arbitrary  power,  and  intended  as  an  entering  wedge 
to  introduce  unlimited  taxation  and  legislation  by  authority  of  par- 
liament. He  therefore  scorned  to  prostitute  his  honour  and  his 
conscience,  by  becoming  a  tool.  And  he  scorned  to  hold  an  office 
which  could  compel  him  or  tempt  him  to  be  one.  He  therefore 
resigned  it.  He  foresaw  as  every  other  enlightened  man  foresaw, 
a  tremendous  storm  coming  upon  his  country,  and  determined  to 
ran  all  risques,  and  share  the  fate  of  the  ship,  after  exerting  all 


'^i 


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■  ■•V-., 
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:;1.: 

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244 


bis  energies  to  savv  her,  if  possible.  At  the  solicitation  of  Boston 
and  Salem,  he  accordingly  embarked  and  accepted  the  command. 
To  attribute  to  such  a  character  sinister  or  trivial  motives  is 
ridiculous.  You  and  Mr.  Wirt  have  ''  brought  the  old  man  out," 
and  1  fear  be  will  never  be  driven  in  again,  till  he  falls  into  the 
grave.  JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 


Quincy,  March  29, 1818. 


DEAR  sin. 


IS  your  daughter,  Mrs.  ♦♦♦♦♦♦,  who  I  am  credibly  informed, 
is  one  of  the  most  accomplished  ladies,  a  painter  ?  Are  you  ac- 
quainted with  Miss  •♦♦♦♦  ♦♦**♦,  who  1  am  also  credibly  informed 
is  one  of  the  most  accomplished  ladies,  and  a  painter  ?  Do  you 
know  Mr.  Sargent  ?  Do  you  correspond  with  your  eld  companion 
in  arms,  Col.  John  Trumbull  ?  Do  you  think  Fisher  will  be  an 
historical  painter  ? 

Whenever  you  shall  find  a  painter,  male  or  female,  I  pray  you 
to  suggest  a  scene  and  subject. 

The  scene  is  the  council  chamber  of  the  old  town  house  in  Bos- 
ton. The  date  is  the  month  of  February,  1761,  nine  years  before 
you  caine  to  me  in  Cole  lane.  As  this  is  five  years  before  you 
entered  college,  you  must  haye  been  in  the  second  form  of  master 
Lovell's  school. 

That  council  chamber  was  as  respectable  an  apartment,  and 
more  so  too,  in  proportion,  than  the  house  of  lords  or  house  of 
commons  in  Great  Britain,  or  that  in  Philadelphia  in  which  the 
declaration  of  independence  was  signed  in  1776. 

In  this  chamber,  near  the  fire,  were  seated  five  judges,  with 
lieutenant  governor  Hutchinson  at  their  head,  as  chief  justice  ; 
all  in  their  new  fresh  robes  of  scarlet  English  cloth,  in  their  broad 
bands,  and  immense  judicial  wigs.  In  this  chamber  was  seated  at 
a  long  table  all  the  barristers  of  Boston,  and  its  neighbouring  coun- 
ty of  Middlesex,  in  their  gowns,  bands  iand  tye-wigs.  They  were 
not  seated  on  ivory  chairs  ;  but  their  dress  was  more  solemn  and 
more  pompous  than  that  of  the  Roman  Senate,  when  the  Gauls 
broke  in  upon  them.  In  a  corner  of  the  room  must  be  placed  wit, 
sense,  imagination,  genius,  pathos,  reason,  prudence,  eloquence, 
learning,  sciience,  and  immense  reading,  hung  by  the  shoulders  on 
two  crutches,  covered  with  a  cloth  great  coat,  in  the  person  of 
Mr.  Pratt,  who  had  been  solicited  on  both  sides  but  would  engage 
On  neither,  being  about  to  leave  Boston  forever,  as  chief  justice  of 
New  York. 

Two  portraits,  at  more  than  full  length,  of  king  Charles  the 
second,  and  king  James  the  second,  in  splendid  golden  frames, 


r  Boston 
mmand. 
[)tives  is 
m  out,'' 
into  the 
AMS. 


1818. 

iformed, 
you  ac- 

inforine4 
Do  you 

mpanioi^ 

ill  be  an 

pray  yott 

ie  in  Bos- 
,rs  before 
ifore  you 
)f  master 

ent,  and 
house  of 
hich  the 

^es,  with 

justice ; 

eir  broad 

seated  at 

Dg  coun- 

ley  were 

emn  and 

le  Gauls 

iced  wit, 

oquence, 

ilders  on 

ereon  of 

engage 

ustice  of 

irles  the 
frames, 


245 


were  hung  up  in  the  most  conspicuous  side  of  the  apartment.  If 
my  young  eyes  or  old  memory  have  not  decoivod  me,  these  were 
the  finest  pictures  1  have  seen.  The  colours^  ul'  their  long  (low- 
ing robes  and  their  royal  ermines  were  the  most  glowing,  ine  fig- 
ures the  most  noble  and  graceful,  the  features  the  mobt  di^itinct 
and  characteristic  :  far  superior  to  those  of  the  king  and  queen  of 
France  in  the  senate  chamber  of  congress.  1  believe  they  were 
Vandyke's.  Sure  I  am  there  was  no  painter  in  England  capable 
of  them  at  that  time.  They  had  been  sent  over  wittioul  frames, 
in  governor  Pownal's  time.  But  as  he  was  no  admirer  of  CJiarlses 
or  Jameses,  they  were  stowed  an  ay  in  a  garret  among  rubbish, 
till  governor  Bernard  came,  h.id  them  cleaned,  superbly  framed, 
and  placed  in  council  for  the  admiration  and  imitation  of  all  men, 
no  doubt  with  the  concurrence  of  Hutcbinsun  and  all  the  junto  ; 
for  there  has  always  been  a  junto.  One  circumstance  more. 
Samuel  Quincy  and  John  Adams  bad  been  admitted  barristers  at 
that  term.  John  was  the  youngest.  He  should  be  painted,  look- 
ing like  a  short  thick  fat  archbishop  of  Canterbury,  seated  at  the 
table,  with  a  pen  in  his  hand,  lost  in  admiration,  nuw  and  then  min< 
uting  those  despicable  notes  which  you  know  that  ♦♦•♦♦•♦♦ 
********  stole  from  my  desk,  and  printed  in  the  Massachusetts 
Spy,  with  two  or  three  bombastic  expressions  interpolated  by  him- 
self; and  which  your  pupil,  judge  il^inot,  has  printed  in  nis  history. 

You  have  now  the  stage  and  the  scenery.  Next  follows  a  nar- 
ration of  the  subject.  1  rather  think  that  we  lawyers  ought  to 
call  it  a  brief  of  the  cause. 

When  the  British  ministry  received  from  general  Amherst  his 
despatches,  announcing  his  conquesi  of  Montreal,  and  the  conse- 
quent annihilation  of  the  French  government  and  power  in  Amer- 
ica, in  1759,  they  immediately  conceived  the  design  and  took  the 
resolution  of  conquering  the  English  colonies,  and  subjecting  them 
to  the  unlimited  authority  of  parliament.     With  this  view  and  in- 
tention, they  sent  orders  and  instructions  to  the  collector  of  the 
custom»  in  Boston,  Mr.  Charles  Paxton,  to  apply  to  the  civil  author- 
ity for  writs  of  assistance,  to  enable  the  custom  house  officers, 
tide  waiters,  land  waiters,  and  all,  to  command  all  sheriA's  and  con- 
Stables  to  attend  and  aid  them  in  breaking  open  houses,   stores, 
shops,  cellars,  ships,  bales,  trunks,  chests,  casks,  packages  of  all 
sorts,  to  search  for  goods,   wares  and  merchandizes,   which  had 
been  imported  against  the  prohibitions,  or  without  paying  the  tax- 
es imposed  by  certain  acts  of  parliament,  called  "  The  Acts  of 
Trade,"  i.  e.  by  certain  parliamentary  statutes,  which  had  been 
procured  to  be  passed  from  time  to  time,  for  a  century  before,  by  a 
combination  of  selfish  intrigues  between  West  India  plantei-s  and 
North  American  royal  governors.      These  acts  never  had  been 
executed,  and  there  never  had  been  a  time  when  they  would  have 
been,  or  could  have  been,  obeyed. 

Mr.  Paxton,  no  doubt  consulting  with  governor  Bernard,  lieu- 
tenant governor  Hutchinson,  and  all  the  principal  crown  officers, 


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'>/ 

,";* 

•s!v-?f 


246 


U-    ! 


am)  all  the  rest  of  the  Junto,  thought  it  not  prudent  to  commence 
his  operations  in  Boston.  For  ohvious  n^asons,  he  instructed  his 
deputy  collector  in  Salem,  Mr.  Cockle,  to  apply  by  petition  to  the 
superior  court,  in  November,  176U,  then  silting  in  that  town,  for 
writs  of  assistance.  Stephen  Sewall  was  then  cuief  justice  of  that 
court,  an  able  man,  an  uncofTupted  American,  and  a  sound  whig,  a 
sincei'i'  friend  of  liberty,  civil  and  religious.  He  expressed  great 
doubts  of  the  legality  of  such  a  writ,  and  of  the  authority  of  the 
court  to  grant  it.  Not  one  of  his  brother  judges  uttered  a  word  in 
favor  of  it ;  but  as  it  was  an  application  on  the  part  of  the  crowo, 
it  must  be  heard  and  determined.  After  consultation,  the  court 
ordered  the  question  to  be  argued  at  the  next  February  term,  in 
Boston,  i.  e.  in  1761. 

In  the  mean  time  chief  justice  Sewall  died,  and  lieutenant  gov- 
ernor Hutchinson  was  appointed  chief  justice  of  that  court  in  his 
stead.  Every  observing  and  thinking  man  knew  that  this  appoint- 
ment was  made  for  the  direct  purpose  of  deciding  this  question,  in 
favour  of  the  crown,  and  all  others  in  which  it  should  be  inter* 
ested. 

An  alarm  was  spread  far  and  wifle.  Merchants  of  Salem  and 
Boston  applied  to  Mr.  Pratt,  who  refused,  and  to  Mr.  Otis  and  Mr 
Thatcher,  who  accepted,  to  defend  them  against  this  terrible  me- 
nacing monster,  the  writ  of  assMtance.  Great  fees  were  offered, 
but  Otis,  and  1  believe  Thatcher,  would  accept  of  none.  "  In 
such  a  cause,"  said  Otis,  "  I  despise  all  fees." 

I  have  given  you  a  sketch  of  the  stage  and  the  scenery,  and  a 
brief  of  the  cause  ;  or,  if  you  like  the  phrase  better,  of  the  trag- 
edy, comedy  or  farce. 

Now  for  the  actors  and  performers.  Mr.  Gridley  argued  with 
his  characteristic  learning,  ingenuity  and  dignity,  and  said  every 
thing  that  could  be  said  in  favour  of  Cockle's  petition,  all  depend- 
ing, however,  on  the  "  If  the  parliament  of  Great  Britain  is  the 
sovei'eign  legislator  of  all  the  British  empire." 

Mr.  Thatcher  followed  him  on  the  other  side,  and  argued  with 
the  softness  of  manners,  the  ingenuity,  the  cool  reasoning  which 
were  peculiar  to  his  amiable  character. 

But  Otis  was  a  flame  of  Fire  !  With  a  promptitude  of  classical 
allusions,  a  depth  of  research,  a  rapid  summary  of  historical  events 
and  dates,  a  profusion  of  legal  authorities,  a  prophetic  glare  of  his 
eyes  into  futurity,  and  a  rapid  torrent  of  impetuous  eloquence  he 
hurried  away  all  before  him.  American  independence  was  then 
and  there  bom.  The  seeds  of  patriots  and  heroes  to  defend  the 
.Xon  Sine  Diis  Animosus  Infans ;  to  defend  the  viorcrcus  youth  were 
then  and  there  sown.  Every  man  of  an  immense  ciowded  audi- 
ence appeared  \o  me  to  go  away  as  I  did,  ready  to  take  arms 
against  writs  of  assistance.  Then  and  there  was  the  first  scene  of 
thetirstact  of  opposition  to  the  arbitrary  claims  of  Great  Britain. 
Then  and  there  the  child  Independence  was  born.  In  fifteen 
years,  i.  e.  in  1776,  he  grew  up  to  manhood  and  declared  himself 
free. 


M 


commence 
itructed  his 
ition  to  the 
t  town,  for 
lice  of  that 
lud  whig,  a 
essed  great 
rity  of  the 
d  a  word  in 
the  crown, 
the  court 
?y  term,  in 

tenant  gov- 
ourt  in  his 
liis  appoint- 
question,  in 
Id  be  inter« 

Salem  and 
Kis  and  Mr. 
srrible  me- 
ere  offered, 
me.      "  In 

lery,  and  a 
f  the  trag- 

rgued  with 
said  every 
ili  depend- 
itain  is  the 

•gued  with 
ling  which 

of  classical 

-ical  events 

lare  of  his 

quence  he 

e  was  then 

defend  the 

outh  were 

ivded  audi- 

take  arms 

st  scene  of 

:at  Britain. 

In  fifteen 

ed  himself 


247 


The  court  adjourned  for  consideration,  and  after  some  days  nt 
the  close  of  the  term,  Hutchinson  chief  justice  arose  and  said, 
"  The  court  has  considered  the  subject  of  writs  of  assistance,  and 
can  see  no  foundation  for  such  a  writ;  but  as  the  practise  in  Eng- 
land is  not  known,  it  has  been  thought  best,  to  continue  the  que:;- 
tion  to  next  term,  that  in  the  mean  time  opportunity  may  be  given 
to  write  to  England  for  information  concerning  the  subject/*  lu 
six  months  the  next  term  arrived ;  but  no  judgment  was  pronoun- 
ced ;  nothing  was  !?aid  about  writs  of  assistance ;  no  letters  from 
Engla;  '  and  nothing  more  was  said  in  court  concerning  them. — 
But  it  was  generally  reported  and  understood  that  the  court  clan- 
destinely granted  them  ;  and  the  custom  house  ofKcers  hiid  them 
in  their  pockets,  though  I  never  knew  that  they  dared  to  produor. 
and  execute  them  in  any  one  instance. 

Mr.  Otis's  popularity  was  without  bounds.  In  May,  1761,  he 
was  elected  into  the  house  of  representatives,  by  an  almost  unani- 
mous vote.  On  that  week  I  happened  to  be  at  Worcester  attend- 
ing a  court  of  common  pleas  of  which,  brigadier  Ruggles  wus 
chief  justice.  When  the  news  arrived  from  Boston,  you  can  have 
no  idea  of  the  consternation  among  the  government  people.  Chief 
justice  Ruggles  at  dinner  at  colonel  Chandler's  on  that  day,  said, 
*^  Out  of  this  election  will  arise  a  damn'd  faction,  which  will  shake 
this  province  to  its  foundation." 

For  ten  years  afterwards  Mr.  Otis,  at  the  head  of  his  country's 
cause,  conducted  the  town  of  Boston  and  the  people  of  the  prov- 
ince with  a  prudence  and  fortitude,  at  every  sacrifice  of  personal 
interest  and  amidst  unceasing  persecution,  which  would  have  done 
honour  to  the  most  virtuous  patriot  or  martyr  of  antiquity. 

I  fear  I  shall  make  you  repent  of  bringing  out  the  old  gentleman. 

JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR* 

Q^uincy,  April  5,   1818. 
DEAR  SIR} 

IN  Mr.  Wirt's  elegant  and  eloquent  panegyrick  on  Mr.  Henry 
I  beg  your  attention  from  page  56  to  page' 67,  the  end  of  the 
second  section,  where  you  will  read  a  curious  specimen  of  the  ag- 
onies of  patriotism  in  the  early  stages  of  the  revolution.  "  When 
Mr.  Henry  could  carry  his  resolutions  but  by  one  vote,  and  that 
against  the  influence  of  Randolph,  Bland,  Pendleton,  Wythe  and 
all  the  old  members  whose  influence  in  the  house  had  till  then 
been  unbroken  ;  and  when  Peyton  Randolph  afterwards  president 
of  congress  swore  a  round  oath,  he  would  have  given  500  guineas 
for  a  single  vote  ;  for  one  vote  would  have  divided  the  house,  and 
Robinson  was  in  the  chair,  who  he  knew  would  have  negatived 
the  resolution." 


m 


m 


!?■- 


r  ,  ,  ,  >  •: 


i 


m 


■'1 


m 


■  lu-J 


248 


lis 


And  you  will  nlso  see  the  confused  manner  in  which  they  vtett 
first  rpcordod,  and  how  thoy  have  since  been  garhlcd  in  history. 
My  remarks  at  prespnt  will  be  confined  to  the  anecdote  in  page  G5. 
Caesar  had  his  Brntns,  Charles  the  first,  his  Cromwell,  and 
George  the  third.  Treason  cried  the  speaker — treason,  treason, 
echoed  from  every  part  of  the  house.  Henry  finished  his  sentence 
by  the  wnnl«,  "  may  profit  by  their  example."  If  this  be  treason 
make  the  most  of  it. 

In  judge  Minot's  history  of  Massachusetts  Bay,  volume  second, 
m  page  102  and  103,  you  will  find  another  agony  of  patriotism  in 
1762,  three  years  before  Mr.  Henry's.  Mr.  Otis  suflered  one  of 
equal  severity  in  the  house  of  representatives  of  Massachusetts. 
Judge  Minot's  account  of  it  is  this* 

The  remonstrance  offered  to  the  governor  was  attended  with 
aggravating  circumstances.  It  was  passed,  after  a  very  warm 
speech,  by  a  member  in  the  house,  and  at  first  contained  the  fol- 
lowing offensive  observation. 

"  For  it  will  be  of  little  consequence  to  the  people  whether  they 
were  subject  to  George  or  Louis  ;  the  king  of  Great  Britain,  or 
the  French  king ;  if  both  were  arbitrary,  as  both  would  be,  if 
both  could  levy  taxes  without  parliament."  Though  judge  Minot 
(joes  not  say  it,  the  warm  speech  was  from  the  tongue,  and  the  of- 
fensive observation,  from  the  pen  of  James  Otis  j  when  these 
words  of  the  remonstrance  were  first  read  in  the  house,  Timothy 
Pain,  Esq.  a  member  from  Worcester,  in  his  zeal  for  royalty, 
though  a  very  worthy  and  very  amiable  man,  cried  out,  treason  ! 
treason  !  the  house  however  were  not  intimidated,  but  voted  the 
remonstrance  with  all  the  treason  contained  in  it,  by  a  large  major- 
ity ;  and  it  was  presented  to  the  governor  by  a  committee  of  which 
Mr.  Otis  Was  a  member. 

Judge  Minot  proceeds — "  The  governor  was  so  displeased  with 
tlic  passage,  that  he  sent  a  letter  to  the  speaker,  returning  the 
message  to  the  house ;  in  which  he  said,  that  the  king's  name, 
digaity  and  cause,  were  so  improperly  treated  that  he  was  obliged 
to  desire  the  speaker  to  recommend  earnestly  to  the  house,  that 
it  might  not  be  entered  upon  the  minutes  in  the  terms  in  which  it 
then  stood.  For  if  it  should,  he  was  then  satisfied  thej'  would 
again  and  again,  wish  that  some  part  of  it  were  expunged,  espe- 
cially if  it  should  appear,  as  he  doubted  not  it  would  when  he  en- 
tered upon  his  vindication,  that  there  was  not  the  least  ground  for 
the  insinuation,  under  colour  of  which,  that  sacred  and  well  belov- 
ed name  was  so  disrespectfully  brought  into  question. 

Upon  the  reading  of  this  letter,  the  exceptionable  clause  was 
struck  out  of  the  message.  , 

I  have  now  before  me  a  pamphlet  printed  in  17G3,  by  Edes  & 
Gill,  in  Queen  street,  Boston,  entitled  a  vindication  of  the  conduct 
of  the  house  of  representatives  of  the  province  of  the  Massachu- 
setts Bay,  more  particularly  in  the  last  session  of  the  general  as- 
sembly, by  James  Otis,  Esq.  a  member  of  said  house,  with  this 
motto — 


m 


ause  was 


249 


Let  »uch,  such  only,  tread  thi«  sacred  fldor, 
Who  dare  to  Iovk  their  Country  and  be  poor ; 
Or  good,  tho*  rich,  humane  and  wise,  tho*  ^eat, 
Jove  give  but  these,  wt-'ve  nouKht  to  fear  from  fate. 

1  wish  I  could  transcribe  the  whole  of  this  pamphlot,  because 
it  is  a  document  of  importance  in  the  early  history  of  the  revolu- 
tion, which  ouj^ht  never  to  be  fort^otten.  It  shows  in  a  strong^ 
light  the  heaves  and  throes  of  the  burning  mountain,  three  years 
at  least,  before  the  explosion  of  the  volcano  in  Mai.sachusctta  or 
Virginia. 

Had  judge  Minot  ever  seen  this  pamphlet,  could  he  have  given 
so  superficial  an  account  of  this  year,  17G2?  There  was  more 
than  one  ^^warm  speech''''  made  in  that  session  of  the  legislature  ; 
Mr.  Otis  himself,  made  many  A  dark  cloud  hung  over  the  whole 
continent  ;  but  it  was  peculiarly  black  and  threatening  over  Mas- 
sachusetts and  the  town  of  Boston,  against  which  devoted  city  the 
first  thunderbolts  of  parliamentary  omnipotence  were  intended  and 
expected  to  be  darted.  Mr.  Otis,  from  his  Brst  appearance  in  the 
house  in  1761,  had  shewn  such  a  vast  superiority  of  talents,  in- 
formation and  energy  to  every  other  member  of  the  house,  that 
in  1763  he  took  the  lead  as  it  were  of  course.  lie  opemed  the 
session  with  a  speech,  a  sketch  of  which  he  has  given  us  himself. 
It  depends  upon  no  man's  memory.  It  is  warm  ;  it  is  true.  But 
it  is  warm  only  with  loyalty  to  his  king,  love  to  his  country,  and 
exultations  in  her  exertions  in  the  national  cause. 

This  pamphlet  ought  to  be  reprinted  and  deposited  in  the  cabi> 
net  of  the  curious.  The  preface^  is  a  fratik,  candid  and  manly 
page,  explaining  the  motive  of  the  publication,  viz  :  the  clamours 
against  the  house  for  their  proceedings,  in  which  he  truly  says, — . 
"  The  world  ever  has  been,  and  ever  will  be  pretty  equally  divi- 
ded, between  those  two  great  parties,  vulgarly  called  the  winners 
and  the  losers  ;  or  to  speak  more  precisely,  between  those  who 
are  discontented  that  they  have  no  power,  and  those  who  think 
they  never  can  have  enough."  Now  it  is  absolutely  impossible 
to  please  both  sides  either  by  temporizing,  trimming  or  retreating ; 
the  two  former  justly  incur  the  censure  of  a  wicked  heart ;  the 
latter  that  of  cowardice,  and  fairly  and  manfully  lighting  the  bat- 
tle, and  it  is  in  the  opinion  of  many  worse  thau  either^  On  the 
8th  of  September,  A.  D.  1762,  the  war  still  continuing  in  North 
America  and  the  West  Indies,  governor  Bernard  made  his  speech 
to  both  houses,  and  presented  a  requisition  of  sir  Jeffery  Amherst, 
that  the  Massachusetts  troops  should  be  continued  in  pay  during 
the  winter. 

Mr.  Otis  made  a  speech,  the  outlines  of  which  he  has  recorded 
in  the  pamphlet,  urging  a  compliance  with  the  governor's  recom- 
mendation and  general  Amherst's  requisition  ;  and  concluding  with 
a  motion  for  a  committee  to  consider  of  both. 

A  committee  was  appointed,  of  whom  Mr.  Otis  was  one,  and 
reported  not  only  a  continuance  of  the  troops  already  in  service, 

33 


i[' 


la 


■  l' 


*'illi 


W 


250 


..  ;. 


[,M 


^m 


but  an  nddition  uf  nine  hundred  mcnf  with  an  augmented  bounty  to 
encournfi^c  thnir  enlistment. 

If  the  oratorH  on  the  4th  of  July,  renlly  wish  to  investigate  the 
principles  and  feelings  which  produced  the  revolution,  they  ought 
to  study  this  pamphlet  and  Dr.  Mayhew^s  sermon  on  passive  obe- 
dience and  non  resistance,  and  all  the  documents  ot  those  da)rs. 
The  celebrations  of  independence  have  departed  from  the  object 
of  their  institution,  as  much  as  the  society  for  the  propagation  of 
the  gospel  in  foreign  parts  have  from  their  charter.  The  insti- 
tution had  better  be  wholly  abolished,  than  continued  an  engine  of 
the  politics  and  feelings  of  the  day,  instead  of  a  memorial  of  the 
principles  and  feelings  of  the  revolution  half  a  century  ago,  I 
might  have  said  for  two  centuries  before. 

This  pamphlet  of  Mr.  Otis  exhibits  the  interesting  spectacle  of 
a  great  man  glowing  with  loyally  to  his  sovereign,  proud  of  his 
connection  with  the  British  empire,  rejoicing  in  its  prosperity,  its 
triumphs  and  its  glory,  exulting  in  the  unexampled  efforts  of  his 
own  Dative  province  to  promote  them  all  :  but  at  the  same  time 
grieving  and  complaioin^  at  the  unjrenerous  treatment  that  prov- 
ince had  received  from  its  boginnintr  from  the  mother  country, 
and  shuddering  under  the  prospect  of  still  greater  ingratitude  and 
cruelty  from  the  same  source.  Hear  a  few  of  his  words,  and  read 
all  the  rest. 

''^Mr.  Speaker — This  province  has  upon  all  occasions  been  dis- 
tinguished by  its  loyalty  and  readiness  to  contribute  its  most  stren- 
uous efforts  for  his  msjusty's  service.  1  hope  this  spirit  will  ever 
remain  as  an  indelible  characteristic  of  this  people,"  &ic.  &c. 
"  Our  own  immediate  interest  therefore,  as  well  as  the  general 
cause  of  our  king  and  country  requires,  that  we  should  contribute 
the  last  penny  and  the  last  drop  of  blood,  rather  than  by  any  back- 
wardness of  ours,  his  majosty's  measures  should  be  embarrassed: 
and  thereby  any  of  the  enterprises  that  may  be  planned  for  the 
regular  troops,  miscarry.  Some  of  these  considerations  1  pre- 
sume, induced  the  assembly  upon  his  majesty's  requisition,  signi- 
fied last  spring  by  lonl  Egremont,  so  cheerfully  and  unanimously 
to  raise  thirty  three  hundred  men  for  the  present  campaign  ;  and 
upon  another  requisition  signified  by  sir  Jeffery  Amherst  to  give  a 
handsome  bounty  for  enlisting  about  nine  hundred  more  into  the 
regular  service.  The  colonies,  we  know,  have  often  been  blamed 
without  cause  ;  and  we  have  had  some  share  of  it.  Witness  the 
miscarriage  of  the  pretended  expedition  against  Canada,  in  queen 
Ann's  time,  just  before  the  infamous  treaty  of  Utretcht.  it  is  well 
known  by  some  now  living  in  this  metropolis,  that  the  officers 
both  of  the  army  and  navy,  expressed  their  utmost  surprise  at  it 
upon  thiir  arrival.  To  some  of  them  no  doubt,  it  was  a  disap- 
pointment ;  for  in  order  to  shift  the  blame  of  this  shameful  affair 
from  themselves,  they  endeavoured  to  lay  it  upon  the  New  Eng- 
land colonies. 

"  I  am  therefore  clearly  for  raising  the  men,"  &c.  Sic.  "This 
province  has,  since  the  year  1754,  levied  for  his  miyesty's  service 


251 


)Ounty  to 

igate  the 
ey  ought 
aive  obe- 
ose  days, 
he  object 
gntion  of 
rhe  inati- 
Piigine  of 
al  of  the 


iry  ago, 


I 


ectacle  of 
)ud  of  his 
lerity,  its 
)rlfl  of  his 
ime  time 
hat  prov- 
•  country, 
titude  and 
and  read 

been  dis- 
iost  stren- 

wiil  ever 
,"  &c.  &c. 
e  general 
contribute 
any  back- 
)arrassed : 
ed  for  the 
ons 1  pre- 
ion,  signi- 
animously 
aign  ;  and 
t  to  give  a 
e  into  the 
en  blamed 
itness  the 
,  in  queen 

It  is  well 
he  officers 
prise  at  it 
e  a  disap- 
leful  affair 
New  Eng- 

«This 
^'s  service 


as  soldiers  and  seamen,  near  thirty  thousand  men,  besides  what 
have  been  otherwise  employed.  One  year  if»  pnrticuhr  it  was 
said  that  every  fifth  man  was  engaged  in  one  shape  or  another. — 
We  have  raised  sums  for  the  support  of  this  war,  that  tho  last  gen- 
eration could  hardly  have  formed  any  idea  of.  We  are  now  deep- 
ly in  dubt,"  &c.  &c. 

On  the  14th  of  Septembepj  the  house  received  a  message  from 
the  governor,  containing  a  somewhat  awkward  confession  of  cer- 
tain expenditures  of  public  money  with  advice  of  council,  which 
had  not  been  appropriated  by  the  house,  lie  had  fitted  out  the 
Massachusetts  sloop  of  war,  increased  her  cHtablishment  of  men, 
Aic.  Five  years  before,  perhaps  this  irregularity  might  have  been 
connived  at  or  pardoned  ;  but,  since  the  debate  concerning  writs 
of  assistance,  and  since  it  was  known  that  the  acts  of  trade  were 
to  be  enforced,  and  a  revenue  collected  by  authority  of  parlia- 
ment, Mr.  Otis^s  maxim,  that  ^'  taxation  without  representation  was 
tyranny,"  and  "  that  expenditures  of  public  money, without  appro- 
priations by  the  representatives  of  the  people,  were  unconstitu- 
tional, arbitrary  and  therefore  tyrannical,"  had  become  popular 
proverbs.  They  were  common  place  observations  in  the  streets. 
It  was  impossible  that  Otis  should  not  take  fire  upon  this  message 
of  the  governor.  He  accordingly  did  take  fire,  and  made  that 
flaming  speech  which  judge  Minot  calls  ^^  a  xiL'urm  speech''^  without 
informing  u«  who  made  it  or  what  it  contained.  1  wish  Mr.  Otis 
had  given  us  this  warm  speech  as  he  has  the  comparatively  cool 
one,  at  the  opening  of  the  session.  But  this  is  lost  forever.  It 
concluded  however,  with  a  motion  for  a  committee  to  consider  the 
governor's  message  and  report.  The  committee  was  appointed, 
and  Otis  was  the  first  after  the  speaker. 

The   committee    reported   the  following  ai  jwer  and  remon* 
strance,  every  syllabic  of  which  is  Otis  : 
"  May  it  please  your  Excellency: 

"  The  house  have  duly  attended  to  your  excellency's  message 
of  the  eleventh  inst.  relating  to  the  Massachusett's  sloop,  and  are 
humbly  of  opinion  that  there  is  not  the  least  necessity  for  keeping 
up  her  present  complement  of  men,  and  therefore  desire  that 
your  excellency  would  be  pleased  to  reduce  them  to  six,  the  old 
establishment  made  for  said  sloop  by  the  general  court.  Justice 
to  ourselves,  and  to  our  constituents  obliges  us  to  remonstrate 
against  the  method  of  making  or  increasing  establishments  by  the 
governor  and  council. 

"  It  is  in  effect,  taking  from  the  house  their  most  darling  privi- 
lege, the  right  of  originating  all  taxes. 

'^  It  is,  in  short,  annihilating  one  branch  of  legislation.  And 
when  once  the  representatives  of  the  people  give  up  this  privi- 
lege, the  government  will  very  soon  become  arbitrary. 

^'  No  necessity  therefore,  can  be  sufficient  to  justify  a  house  of 
representatives  in  giving  up  such  a  privilege  ;  for  it  would  be  of 
little  consequence  to  the  people,  whether  they  were  sabject  to 


I 


; 


.if' 


, 


■/        1) 


m 


252 


UM 


George  or  Louis,  the  king  of  Great  Britain  or  the  French  king ;  if 
both  were  arbitrary,  as  both  would  be,  if  both  could  levy  taxes 
without  parliament. 

"  Had  this  been  the  6rst  instance  of  the  kind,  we  might  not  have 
troubled  your  excellency  about  it;  but  lest  the  matter  should  go 
into  precedent,  we  earnestly  beseech  your  excellency,  as  you  re- 
gard the  peace  and  welfare  of  the  p|j|^vince,  that  no  measures  of 
this  nature  be  taken  for  the  future,  let  the  advice  of  council  be 
what  it  may." 

This  remonstrance  being  read,  was  accepted  by  a  large  majori- 
ty, and  sent  up  and  presented  to  his  excellency  by  a  committee  of 
whom  Mr.  Otis  was  one. 

But  here,  Mr.  Tudor,  allow  me,  a  digression,  an  episode.  Lord 
EUenborough  in  the  late  trial  of  Hone,  says  ''  the  Athanasian 
Creed  is  the  most  beautiful  composition  that  ever  flowed  from  the 
pen  of  man.'' 

I  agree  with  his  lordship,  that  it  is  the  moet  cor  ^.immBte  mass 
of  absurdity,  inconsistency  and  contradiction  that  ever  was  put  to- 
gether. But  I  appeal  to  your  taste  and  your  conscience,  whether 
the  foregoing  remonstrance  of  James  Otis  is  not  as  terse  a  morsel 
of  good  sense,  as  Athanasiu^^s  Creed  is  of  nonsense  and  blar- 
phemy  ? 

The  same  day  the  above  remonstrance  was  delivered,  the  town 
;was  alarmed  with  a  report,  that  the  house  had  sent  a  message  to 
liis  excellency,  reflecting  on  his  majesty's  person  and  government, 
and  highly  derogatory  to  his  crown  and  dignity,  and  therein  desir- 
ed, that  his  excellency  would  in  no  case  take  the  advice  of  his 
majesty's  council. 

The  governor's  letter  to  the  speaker,  is  as  judge  Minot  repre- 
sents it.  Upon  reading  it,  the  same  person  who  had  before  cried 
out,  treason  !  treason !  when  he  Hrst  heard  the  offensive  words, 
now  cried  out,  "  rase  them !  rase  ihem  !"  They  were  accord- 
ingly expunged. 

In  the  course  of  the  debate,  a  new  and  surprising  doctrine  was 
advanced.  We  have  seen  the  times,  when  the  majority  of  a 
council  by  their  words  and  actions  have  seemed  to  think  them- 
selves obliged  to  comply  with  every  thing  proposed  by  the  chair, 
and  to  have  no  rule  of  conduct  but  a  governor's  will  and  pleasure. 
But  ndw  for  the  first  time  it  was  asserted,  that  the  governor  in  ail 
cases  was  obliged  to  act  according  to  the  advice  of  council,  and 
consequently  would  be  deemed  to  have  no  judgment  of  his  own. 
In  page  17,  Mr.  Otis  enters  on  his  apology,  excuse  or  justifica- 
tion of  the  offensive  words :  which,  as  it  is  as  facetious  as  it  is  edi- 
fying, 1  will  transcribe  at  length  in  his  own  words,  viz : 

"  In  order  to  excuse,  if  not  altogether  justify  the  offensive  pas- 
sage, and  clear  it  from  ambiguity,  I  beg  leave  to  premise  two  or 
three  data.  1.  God  made  all  men  naturally  equal.  2.  The  ideas 
of  earthly  superiority,  pre-eminence  and  grandeur,  are  educa- 
tional, at  least  acquired,  not  innate.     3.  Kings  were,  and  pl»Dta- 


vm 


253 


cing;  if 
y  taxes 

lot  have 
ould  go 
you  re- 
iures  of 
incil  be 

I  majori- 
littee  of 

e.  Lord 
banasian 
from  the 

tfi:,  mass 
8  put  to- 
whether 
a  morsel 
and  blaS' 

the  town 
'«sage  to 
ernmentf 
'in  desir- 
;e  of  his 

t  repre- 

re  cried 

|e  words, 

accord- 

rine  was 
[■ity  of  a 
kk  them- 
le  chair, 
Pleasure, 
ior  in  all 
icil,  and 
lis  own. 
justitica- 
bt  is  edi' 

jive  paa- 

two  or 

16  ideas 

educa- 

pl»Dta- 


tion  governors  should  be  made  for  the  good  of  the  people,  and  nol 
the  people  for  them.  4.  No  government  has  a  right  to  make 
hobby-horses,  asses  and  slaves  of  the  subjects ;  nature  having  made 
sufficient  of  the  former,  for  all  the  lawful  purposes  of  man,  from 
the  harmless  peasant  in  the  field,  to  the  most  refined  politician  in 
the  cabinet;  but  none  of  the  last,  wh'ch  infallibly  proves  they 
are  unnecessary.  6.  Though  most  governments  are  de  facto 
arbitrary,  and  consequently  the  curse  and  scandal  of  human  na- 
ture, yet  none  are  dejure  arbitrary.  6.  The  British  constitution 
of  (ifovrnment,  as  now  established  in  his  majesty's  person  and 
familv,  is  the  wisest  and  best  in  the  world.  7.  The  king  of  Great 
Britain  is  the  best,  as  well  as  the  most  glorious  monarch  upon 
the  globe,  and  his  subjects  the  happiest  in  the  universe.  0.  It  is 
most  humbly  presumed,  the  king  would  have. all  his  plantation 
governors  follow  his  royal  example,  in  a  wise  and  strict  adher- 
ence to  the  principles  of  the  British  constitution,  by  which  in  con- 
junction with  his  other  royal  virtues,  he  is  enabled  to  reign  in  the 
hearts  of  a  brave  and  generous,  a  free  and  loyal  people.  9.  This 
is  the  summit,  the  ne  plus  ultra  of  human  glory  and  felicity. 
10.  The  French  king  is  a  despotic  arbitrary  prince,  and  conse- 
quently  his  subjects  are  very  miserable. 

"  Let  us  now  take  a  more  careful  review  of  this  passage,  which 
by  some  out  of  doors  has  been  represented  as  seditious,  rebellious, 
and  traitorous.  I  hope  none,  hoivever,  will  be  so  wanting  to  the 
interest  of  their  country,  as  to  represent  the  matter  in  this  light 
on  the  east  side  of  the  Atlantic,  though  recent  instances  of  such  a 
conduct  might  be  quoted,  wherein  the  province  has,  after  its  most 
strenuous  efforts,  during  this  and  other  wars  been  painted  in  all 
the  odious  colours,  that  avarice,  malice,  and  the  worst  passions 
could  suggest. 

"  The  house  assert,  that  it  would  be  of  little  consequence  to 
the  people,  whether  they  were  subject  to  George  or  Louis  ;  the 
king  of  Great  Britain  or  the  French  king,  if  both  were  arbitrary 
as  both  would  be,  if  both  could  levy  taxes  without  parliament. 
Or  in  the  same  words  transposed  without  the  least  alteration  of 
the  sense.  It  would  be  of  little  consequence  to  the  people, 
whether  they  were  subject  to  George  the  king  of  Great  Britain, 
or  Louis  the  French  king,  if  both  were  arbitrary,  as  both  would 
be,  if  both  could  levy  taxes  without  parliament. 

"  The  first  question  that  would  occur  to  a  philosopher,  if  any 
question  could  be  made  about  it,  would  be,  whether  it  were  true? 
But  truth  being  of  little  importance,  with  must  modern  politicians, 
we  shall  touch  lightly  on  that  topic,  and  proceed  to  inquiries  of  a 


more  mterestmg  nature. 


"  That  arbitrary  government  implies  the  worst  of  temporary 
evils,  or  at  least  the  continual  danger  of  them,  is  certain.  That 
a  man  would  be  pretty  equally  subject  to  these  evils,  under  every 
arbitrary  government,  is  clear.  That  1  should  die  very  soon  after 
my  head  should  i>e  cut  off.  whether  by  a  sabre  or  a  brvad  sword, 


■p.; 


•1 


251 


i  1 


whether  chopped  oflF  to  gratify  a  tyrant,  by  the  Christian  name  of 
Tom,  Dick,  or  Harry,  is  evident.  That  the  name  of  the  tyrant 
would  be  of  no  more  avail  to  save  ray  life,  than  the  name  of  the 
executioner,  needs  no  proof.  It  is  therefore  manifestly  of  no 
importance  what  a  prince's  christian  name  is,  if  he  be  arbitrary, 
any  more  indeed  if  he  were  not  arbitrary.  So  the  whole 
amount  of  this  dangerous  proposition,  may  at  least,  in  one  view 
be  reduced  to  this,  viz:  It  is  of  little  import ince  mhat  a  king'^s 
christian  name  is.  It  is,  indeed,  of  importance,  that  a  king,  a  gov- 
ernor, and  all  other  good  christians,  siiould  have  a  christian 
name,  but  whetlter  Edward,  Francis,  or  William,  is  of  none,  that 
I  can  discern.  It  being  a  rule,  to  put  the  most  mild  and  favour- 
able construction  upon  words,  that  they  can  pos^^ibly  bear,  it  will 
follow,  that  this^troposilion  is  a  very  harmless  one,  that  cannot  by 
any  means  tend  to  prejudice  his  majesty's  person,  crown,  dignity, 
or  cause,  all  \vhich  1  deem  equally  sacred  with  hi?  excellency. 

"  If  this  proposition  will  bear  an  hundred  different  constructions, 
they  must  all  be  admitted  before  any  that  imports  any  bad  mean- 
ing, much  more  a  treasonable  one. 

"  It  is  conceived  the  house  intended  nothing  disrespectful  to  his 
majesty,  his  government,  or  gov'  nor,  in  those  words,  it  would 
be  very  injurious  to  insinuate  tl.  ■>  n  house,  tha'  upon  all  occa- 
sions has  distinguished  itself  by  a  truly  loyal  sjtirit,  and  which 
.spirit  possesses  at  least  nine  hundred  and  ninety  nine  in  a  thousand, 
of  their  constituents  throughout  the  province.  One  good  natured 
construction  at  lea.st  seems  to  be  implied  in  the  assertion,  and  that 
pretiy  strongly,  viz  :  that  in  the  present  situation  of  Great  Britain 
and  France,  it  is  of  vast  importance  to  be  a  Britain  rather  than  a 
Frenchman,  as  the  French  king  is  nn  arbitrary,  despotic  prince, 
but  the  king  of  Great  Britain  is  not  so  de  jure,  de  facto,  nor  by  in- 
clination ;  a  greater  difference  on  this  side  the  grave  cannot  be 
found,  than  that  which  subsists  betvveen  British  subjects  and  the 
slaves  of  tyranny. 

'•'  Perhaps  it  may  be  objecied,  that  there  is  some  ditference  even 
between  arbitrary  princes  ;  in  this  respect  at  least,  tbat  some  are 
more  vigorous  than  others.  It  is  granted  ;  t»ut,  then,  iet  it  be  re- 
membered, that  the  life  of  man  is  a  vapour,  '.hat  sivadt  soon  van- 
ish away,  and  we  know  not  who  may  come  after  b»m,  a  wise  man 
or  a  fool ;  though  the  clianceR  before  and  sine,  Solomon  have 
ever  been  in  favour  of  the  latter.  Thereft>^e  if  is  said  of  little 
<;onsequence.  Had  it  been  no  mstead  of  Imle,  the  clause  upon 
the  most  rigid  stricture  might  have  been  ioun<>  barely  exception- 
able. 

"  Some  tine  gentlemen  havf>  charifed  th»'  **xf*ression  as  indeli- 
cate. This  is  a  capital  impn-^^hmeflil  mi  politics,  and  therefore 
demands  our  most  serious  attentioi-  T"*e  idea  of  delicacy,  in  the 
creed  of  some  politcians,  implies,  that  an  inferior  should,  at  the 
peril  of  all  that  is  near  and  dear  i<  him,  i.  e.  his  interest,  avoid 
•very  the  least  trifle   that  can  cffenu  l«is  superior.     Does  my  su- 


255 


n  name  of 
the  tyrant 
me  of  the 
stly  of  no 
arbitrary, 
he  whole 
1  one  view 
t  a  king's 
ing,  a  gov- 
i  christian 
none,  that 
md  favour- 
ear,  it  will 
;  cstnnot  by 
Ml,  dignity, 
ellency. 
ist  ructions, 
bad  mean- 

ctful  to  his 

(t  would 

•n  ail  occa- 

and  which 

a  thousand, 

od  natured 

n,  and  that 

eat  Britain 

her  than  a 

tic  prince, 

nor  by  in- 

cannot  be 

cts  and  the 

rence  even 
it  some  are 
*»t  it  be  re- 
\  soon  van- 
a  wise  man 
omon  have 
id  of  little 
lause  upon 
exception- 


n  as  indeli- 
1  therefore 
acy, in  the 
)uld,  at  the 
rest,  avoid 
loes  my  su- 


perior want  my  estate  ?  I  must  give  it  him,  and  that  with  a  good 
grace ;  which  is  appearing:,  and,  if  possible,  being  really  obliged 
to  him,  that  he  will  condescend  to  take  it.  The  reason  is  evident ; 
it  might  give  him  some  little  pain  or  uneasiness  to  see  me  whim- 
pering, much  more  openly  complaining,  at  the  loss  of  a  little  glit- 
tering dirt,  I  must  according  to  this  system,  not  only  endeavour 
to  acquire  myself,  but  impress  upon  all  around  me,  a  reverence 
and  passive  obedience,  to  the  sentiments  of  my  superior,  little 
short  of  adoration.  Is  the  superior  in  contemplation  a  king,  I 
must  consider  him  as  God's  Vicegerent,  cloathed  with  unlimited 
power,  his  will  the  supreme  law,  and  not  accountable  for  his 
actions,  let  them  be  what  they  may,  to  any  tribunal  upon  earth. 
Is  the  superior  a  plantation  governor  ?  He  must  be  viewed,  not 
only  as  the  most  excellent  representation  of  majesty,  but  as  a  vice- 
roy in  his  department,  and  quoad  provincial  administration,  to  all 
intents  and  purposes,  vested  with  ail  the  prerogatives  that  were 
ever  exercised  by  the  most  absolute  pjrince  in  Great  Britain. 

"  The  votaries  of  this  sect,  are  all  monopolizers  of  offices,  pec- 
ulators, informers,  and  generally  the  seekers  of  all  kinds.  It  is 
better,  say  they,  to  "  give  up  any  thing,  and  every  thing  quietly, 
than  contend  with  a  superior,  who,  by  his  prerogative,  can  do,  and 
as  the  vulgar  express  it,  right  or  wrong,  will  have  whatever  he 
pleases.  For  you  must  know,  that  according  to  some  of  the  most 
refined  and  fashionable  systems  of  modern  politics,  the  ideas  of 
right  and  wrong,  and  all  the  moral  virtues,  aro  to  be  considered 
only  as  the  vagaries  of  a  weak  and  distempered  imagination  in  the 
possessor,  and  of  no  use  in  the  world,  but  for  the  skilful  politician 
to  convert  to  his  own  purposes  of  power  and  profit.     With  these 

"  The  love  of  country  is  an  emptf    ime  ; 

"  For  gold  they  hunger,  but  ne'er  thirst  for  fame.'' 

**  It  is  well  known,  that  the  least  '•  patriotic  spark"  unawares 
*'  catched"  and  discovered,  disqualifies  a  candidate  from  all  further 
preferment  in  this  famous  and  flourishing  order  of  knights  errant. 
It  must,  however,  be  confessed,  that  they  are  so  catholic  as  to  ad- 
mit all  sorts,  from  the  knights  of  the  post,  to  a  garter  and  star, 
provided  they  are  thoroughly  divested  of  the  fear  of  God,  and  the 
love  of  mankind  ;  and  have  concentrated  nil  their  views  in  dear 
self,  with  them  the  only  "  sacred  and  well  beloved  name"  or  thing 
in  the  universe.  See  Cardinal  Richlieu's  Political  Testament,  and 
the  greater  Bible  of  the  Sect,  Mandevillc's  Fable  of  the  Bees. 
Richlieu  expressly,  in  solemn  earnest,  without  any  sarcasm  or 
irony,  advises  the  discarding  all  honest  men  from  the  presence  of 
a  prince,  and  from  even  the  purlieu"",  of  a  court.  According  to 
Mandeville,  "  the  moral  virtues  arc  the  political  offspring  which 
flattery  begot  upon  pride."  The  most  darling  principle  of  the 
great  apostle  of  the  order,  who  has  done  more  than  any  mortal 
towards  diflfa^ing  corruption,  not  only  through  the  three  kingdoms, 
but  through  the  remotest  dominions,  is,  that  every  man  has  his 
price,  and  that  if  you  bid  high  enough  you  are  sure  of  him. 


■r-i 


t56 


i!  .'^\:'m 


.        it     '^!W 


'      lilv 


■i  '. 


Hi 


m 


'*  To  those  who  have  been  taught  to  bow  at  the  name  of  it 
king,  with  as  much  ardor  and  devotion  as  a  papist  at  the  sight  of 
a  crupiiix,  the  assertion  under  examination  may  appear  harsh  ; 
but  there  is  an  immense  difference  between  the  sentiments  of  a  Brit- 
ish house  of  commons  remonstrating,  and  those  of  a  courtier  cring- 
ing for  a  favour.  A  house  of  representatives  here,  at  least,  bears 
ati  equal  proportion  to  a  governor,  with  that  of  a  house  of  commons, 
to  the  king.  There  is  indeed  one  ulifference  in  favour  of  a  house 
of  representatives  )  when  a  house  of  commons  address  the  king, 
they  speak  to  their  sovereign,  who  is  truly  the  most  august  per- 
sonage upon  earth.  When  a  house  of  representatives  remonstrate 
to  a  governor,  they  speak  to  a  fellow  subject,  though  a  superior 
who  is  undoubtedly*  entitled  to  decency  and  respect ;  but  i  hardly 
think  to  quite  so  much  reverence  as  his  master. 

"  It  may  not  be  amiss  to  observe,  that  a  form  of  speech  may  be 
in  no  sort  improper,  when  used  arguendo,  or  for  illustration,  speak- 
ing of  the  king;  which  same  form  may  be  very  harsh,  indecent 
and  ridiculous,  if  spoken  to  the  king. 

"  The  expression  under  censure  has  had  the  approbation  of 
divers  gentlemen  of  sense,  who  are  quite  unprejudiced  to  any 
party.  They  have  taken  it  to  imply  a  compliment,  rather  than 
any  indecent  reflection  upon  his  majesty's  wise  and  gracious  ad- 
ministration. It  seems  strange,  therefore,  that  the  house  should 
be  so  suddenly  charged  by  his  excellency,  with  impropriety, 
groundless  insinuations,"  &c. 

"  What  cause  of  so  bitter  repentance,  "  again  and  again,"  could 
possibly  have  taken  place,  if  this  clause  had  been  printed  in  the 
journaL  I  cannot  imagine,  tf  the  case  be  fairly  represented,  I 
guess  tne  province  can  be  in  no  danger  from  a  house  of  represen- 
tatives daring  to  speak  plain  English  when  they  are  complaining 
o(  a  grievance.  I  sincerely  believe  that  the  house  had  no  dispo- 
sition to  enter  into  any  contest  with  the  governor  or  council. 
Sure  I  am,  that  the  promoters  of  this  address  had  no  such  view. 
On  the  contrary,  there  is  the  highest  reason  to  presume,  that  the 
house  of  representatives  will  at  all  times  rejoice  in  the  prosperity 
of  the  governor  and  council,  and  contribute  their  utmost  assist- 
ance in  supporting  those  two  branches  of  the  legislature  in  all 
their  just  rights  and  pre-eminence.  But  the  house  is,  and  ought 
to  be,  jealous  and  tenacious  of  its  own  privileges  ;  these  are  a  sa- 
crcd  deposit,  entrusted  by  the  people,  and  the  jealousy  of  them  is  a 
godly  jealousy.^^ 

Allow  me  now,  Mr.  Tudor,  a  few  remarks:  1.  Why  has  the 
sublime  compliment  of  "treason!  treason!"  made  to  Mr.  Henry, 
in  1 765,  been  so  celebrated,  when  that  to  Mr.  Otis,  in  17t>2,  three 
years  before,  has  been  totally  forgotten  ?  Because  the  Virginia 
Patriot  has  had  many  trumpeters,  and  very  loud  ones ;  but  the 
Massachusetts  Patriot  none,  though  false  accusers  and  vile  calum- 
niators in  abundance. 

2.  I  know  not  whether  judge  Minot  was  born  in  1762.  He  cer- 
tainly never  saw,  heard,  felt,  or  understood  any  thing  of  the  prin- 


••* 


1 


Bme  of  b 
!  sight  of 
r  harsh  ; 
)/"  c  Brit- 
ier  cring- 
ast^  bears 
commons^ 
'  a  house 
the  king, 
g^ust  per- 
nonstrate 
superior 
1  hardly 

h  may  be 

>n,  speak- 

indecent 

•bation  of 
ed  to  any 
Iher  than 
icious  ad- 
se  should 
•ropriety, 


n,"  could 
id  in  the 
sented,  I 
epresen- 
(iplaining 
DO  dispo- 

council. 
ch  view. 

that  the 
rosperity 
)st  assist- 
re  in  all 
ad  ought 
are  a  sa- 
them  is  a 

'  has  the 
,  Henry, 
)2,  three 
Virginia 
but  the 
e  calum- 

He  cer- 
he  prin- 


257 


ciples  or  feelings  of  that  year.  If  he  had,  he  could  not  hav6 
given  so  frosty  an  account  of  it.  The  "  wnrtil  speech"  he  men- 
tions, was  an  abridtcment  or  second  edition  of  Otis^d  argument  in 
1761,  against  the  execution  of  the  acts  of  trade.  It  was  a  flamingo 
declaration  against  taxation  without  representation.  It  was  a 
warning  voice  against  the  calamities  that  were  coming  upon  his 
country.  It  was  an  ardent  effort  td  alarm  and  arouse  his  couii- 
trymen  against  the  menacing  system  of  parliamentary  taxation. 

3.  Bernard  was  no  great  thing,  but  he  was  not  a  fool.  It  i^ 
impossible  to  believe,  that  he  thought  the  offensive  passage  trea- 
son or  sediHon^  of  such  danger  and  importance  as  he  represented 
it.  But  his  design  was  to  uestroy  Otis.  "  There  is  your  enemy," 
said  Bernard,  (after  a  Scottish  general)  "  if  ye  do  nOt  kill  him, 
he  will  kill  you.'^ 

4  How  many  volumes  af-e  concentrated  in  this  little  fugitive 
pamphlet,  the  production  of  a  few  hurried  hours,  amidst  the  con- 
tinual  solicitations  of  a  crowd  of  clients ;  for  his  business  at  the 
bar  at  that  time  was  very  extensive  and  of  the  first  importance ; 
and  amidst  the  host  of  politicians,  suggesting  their  pland  and 
schemes,  claiming  his  advice  and  directions  I 

5.  Look  over  the  declarations  of  rights  and  wrOugs  issued  by 
congress  in  1774.  Look  into  the  declaration  of  independence,  in 
1776.  Look  into  the  writings  of  Dr.  Price  and  Dr.  Priestly. 
Look  into  all  the  French  constitutions  of  government ;  and  to  cap 
the  climax,  look  into  Mr.  Thomas  Paine^s  common  sense,  crisis, 
and  rights  of  man ;  what  can  you  find  that  is  not  to  be  found  in  sol- 
id substance  in  this  "  vindication  of  the  house  of  representatives  ?" 

6.  Is  it  not  an  affront  to  common  sense,  an  insult  to  truth,  vir- 
tue, and  patriotism,  to  represent  Patrick  Henry,  though  he  was 
my  friend  as  much  as  Otis,  as  the  father  of  the  American  revolu- 
tion, and  the  founder  of  American  independence  ?  The  gentle- 
man who  has  done  this,  sincerely  believed  what  he  wrote  1  doubt 
not ;  but  be  ought  to  be  made  sensible,  that  he  is  of  yesterday, 
and  knows  nothing  of  the  real  origin  of  the  American  revolution. 

7.  if  there  is  any  bitterness  of  spirit  discernible  in  Mr.  Otis's 
vindication,  this  was  nt  t  natural  to  him.  He  was  generous,  cna- 
did,  manly,  social,  friendly,  agreeable,  amiable,  witty,  and  gay,  by 
nature,  and  by  habit  honest,  almost  to  a  proverb,  though  quick 
and  passionate  against  meanness  and  deceit.  But  at  this  time  he 
was  agitated  by  anxiety  for  his  country,  and  irritated  by  a  torrent 
of  slander  and  scurrillity,  constantly  pouring  upon  him  from  all 
quarters. 

Mr.  Otis  has  fortified  his  vindication,  in  a  long  and  learned  note, 
which,  in  mercy  to  my  eyes  and  fingers,  1  must  borrow  another 
hand  to  transcribe,  in  another  sheet. 

[Here  follow  quotations  from  Locke  on  government.  Part  IL 
Ch.  IV.  Id.  Ch.  XI.  Id.  Ch.  XIV.  B.  1.  Ch.  II.  and  B.  II.  Ch.  II.] 

"  This  other  original  Mr.  Locke  has  demonstrated  to  be  thfl 
consent  of  a  free  people,     (t  is  possible  there  are  a  few ;  and  I 


tT'<t 


ri^  ' 


:!&:' 


it 


i 


im 


25U 


i 


^L^H 


I  V  'B^ 


'U'' 


v-:^ 


desire  to  thank  God  there  is  no  reason  to  think  there  are  many 
among  us,  that  cannot  bear  the  names  of  liberty  and  property, 
much  less,  that  the  thinp;^  signified  by  those  terms,  should  be  enjoy- 
ed by  the  vulgar.  These  may  be  inclined  to  brand  some  of  the 
principles  advanced  in  the  vindication  of  the  house,  with  the  odi- 
ous epithets  seditious  and  levelling.  Had  any  thing  to  justify  them 
been  quoted  frorii  colonel  Algernon  Sydney,  or  other  British  mar- 
tyrs to  the  liberty  of  their  country,  an  o  tcry  of  rebellion  would 
not  be  surprising.  The  authority  of  kr,  Locke  has  therefore 
been  preferred  to  all  others,  for  these  further  reasons.  Ist.  He 
was  not  only  one  of  the  most  wise  as  well  as  most  honest,  but  the 
most  impartial  man  that  ever  lived.  2d.  Fie  professedly  wrote  his 
discourses  on  government,  as  he  himself  expresses  it,  "  to  estab- 
lish the  throne  of  the  gre;ii  restorer  king  William ;  to  make  good 
his  title  in  the  con^^ent  of  the  people,  which  being  the  only  one 
of  all  lawful  governments,  he  had  more  fully  and  clearly  than 
any  prince  in  Christendom,  and  to  justify  to  the  world  the  people 
of  Engltind,  whose  love  of  liberty,  their  just  and  natural  rights, 
with  their  resolution  to  preserve  them,  saved  the  nation  when  it 
was  on  the  brink  of  slavery  and  ruin.^'  By  this  title,  our  illustri- 
ous sovereign,  George  3d,  (whom  God  long  preserve)  now  ho^ds. 
3.  Mr.  Locke  was  as  great  an  ornament,  under  a  crowned  head, 
as  the  church  of  England  ever  had  to  boast  of.  Had  all  her  sons 
been  of  his  wise,  moderate,  tolerant  principles,  we  should  proba- 
bly never  have  heard  of  those  civil  dissentions,  that  have  so  ofteD 
brought  the  nation  to  the  borders  of  perdition.  Upon  the  score  of 
his  being  a  churchman,  however,  his  sentiments  are  less  liable  to 
those  invidious  reflection^  and  insinuations,  that  high  flyers,  Jaco- 
bites, and  other  stupid  bigots,  are  apt  too  liberally  to  bestow,  not 
only  upon  dissenters  of  all  denominations,  but  upon  the  moderate ; 
and  therefore  intioitcly  the  most  valuable  part  of  the  church  of 
England  itself." 

Pardon  the  trouble  of  reading  the  letter,  from  your  habitual 
partiality  for  your  friend. 

JOHN  ADAMS. 


ml 


"i->  •■1  ■ 

M  si' 


TO  THE  HON.  WM.  TUDOR. 

4 

Quincy,  April  15,  1818. 

DEAR  SIR, 

1  HAVE  received  your  obliging  favour  of  the  8th,  but  cannot 
consent  to  your  resolution  to  ask  no  more  questions.  Your  ques- 
tions revive  my  sluggish  memory.  Since  our  national  legislature 
have  established  a  national  painter — a  wise  measure,  for  which  I 
thank  them,  my  imagination  runs  upon  the  art,  and  has  already 
painted,  1  know  not  how  many,  historical  pictures.  1  have  sent 
you  one,  give  me  leave  to  send  another.     The  bloody  rencontre 


I 


I »,,  ,fi  ,.  i  „ 


259 


between  the  citizens  and  the  soldiers,  on  the  5th  of  March,  1770, 
produced  a  tremendous  sensation  throughout  the  town  and  coun- 
try. The  people  assembled  first  at  Faneuil  Mall,  and  adjourned 
to  the  old  South  Church,  to  the  number,  as  was  conjectured,  of 
ten  or  twelve  thousand  men,  among  whom  were  the  most  virtuous, 
substantial,  independent,  disinterested  and  intelligent  citizens. — 
They  formed  themselves  into  a  regular  deliberative  body,  chose 
(heir  moderator  and  secretary,  entered  into  discussions,  delib- 
erations and  debates,  adopted  resolutions,  appointed  commit- 
tees. What  has  become  of  these  records,  Mr.  Tudor  ?  Where 
are  they  ?  Their  resolutions  in  public  were  conformable  to  those 
of  every  man  in  private,  who  dared  to  express  his  thoughts  or  his 
feelings,  ^^  that  the  regular  soldiers  should  be  banished  from  the 
town,  at  all  hazards.^'  Jonathan  Williams,  a  very  pious,  inoffen- 
sive and  conscientious  gentleman,  was  their  moderator.  A  remon- 
strance to  the  governor,  or  the  governor  and  council,  was  ordain- 
ed, and  a  demand  that  the  regular  troops  should  be  removed  from 
the  town.  A  committee  was  appointed  to  present  this  remon- 
strance, of  which  Samuel  Adams  was  the  chairman. 

Now  for  the  picture.  The  theatre  and  the  scenery  are  the 
same  with  those  at  the  discussion  of  writs  of  assistance.  The 
same  glorious  portraits  of  king  Charles  II.  and  king  James  II.  to 
which  might  be  added,  and  should  be  added,  little  miserable  like- 
nesses of  Gov.  Winthrop,  Gov.  Bradstreet,  Gov.  Endicott  and  Gov. 
Belcher,  hung  up  in  obscure  corners  of.the  room.  Lieut.  Gov. 
Hutchinson,  commander  in  chief  in  the  absence  of  the  governor, 
must  be  placed  at  the  head  of  the  council  table.  Lieut.  Col.  Dal- 
rymple,  commander  in  chief  of  his  majesty's  military  forces,  taking 
rank  of  all  his  majesty^s  counsellors,  must  be  seated  by  the  side 
of  the  lieutenant  govemor^and  commander  in  chief  of  the  pro- 
vince. Eight  and  twenty  counsellors  must  be  painted,  all  seated 
at  the  council  board.  Let  me  see,  what  costunic  ?  What  was  the 
fashion  of  that  day,  in  the  month  of  March  ?  Large  white  wigs, 
English  scarlet  cloth  cloaks,  some  of  them  with  gold  laced  hats, 
not  on  their  heads,  indeed,  in  so  august  a  presence,  but  on  a  table 
before  them.  Before  these  illustrious  personages  appeared  Sam- 
uel Adams,  a  member  of  the  house  of  representatives  and  their 
clerk,  now  at  the  head  of  the  committee  of  the  great  assembly  at 
the  old  South  church.  Thucidydes,  Livy  or  Sallust  would  make 
a  speech  for  him,  or,  perhaps,  the  Italian  Bota,  if  he  had  known 
any  thing  of  this  transaction,  one  of  the  most  important  of  the  rev- 
olution ;  but  I  am  wholly  incapable  of  it  ;  and,  if  I  had  vanity 
enough  to  think  myself  capable  of  it,  should  not  dare  to  attempt  it. 
He  represented  the  state  of  the  town  and  the  country  ;  the  dan- 
gerous, ruinous  and  fatal  effects  of  standing  armies  in  populous 
cities  in  time  of  peace,  and  the  determined  resolution  of  the  pub- 
lic, that  the  regular  troops,  at  all  events,  should  be  removed  from 
the  town.  Lieutenant  governor  Hutchinson,  then  commander  in 
chief,  at  the  head  of  a  trembling  council,  said,  '^  he  had  no  author- 


.■ 


^H 


V  i'. 


ll-^ll 


if 


«>" 


260 


.!  '.li 


im 


h^ 


ity  over  the  king^s  troops,  that  they  had  their  separate  comman- 
der and  separate  orders  and  instructions,  and  that  he  could  not 
interfere  with  them/^  Mr.  Adams  instantly  appealed  to  the  char- 
ter of  the  province,  by  which  the  governor,  and  in  his  absence  the 
lieutenant  governor,  was  constituted  ^^  commander  in  chief  of  all 
the  military  and  naval  power  within  its  jurisdiction/^  So  obvi- 
ously true  and  so  irrefragable  was  the  reply,  that  it  is  astonishing 
that  Mr.  Hutcliinson  should  have  so  grossly  betrayed  the  constitu- 
tion, and  so  atrociously  have  violated  the  duties  of  his  office  by 
asserting  the  contrary.  But  either  the  fears  or  the  ambition  of 
this  gentleman,  upon  this  and  many  other  occasions,  especially  in 
his  controversy  with  the  two  houses,  three  years  afterwards,  on 
the  supremacy  of  parliament,  appear  to  have  totally  disarranged 
his  understanding.  He  certainly  asserted  in  public,  in  the  most 
solemn  manner,  a  multitude  of  the  roundest  falshoods,  which  he 
must  have  known  to  be  such,  and  which  he  must  have  known 
could  be  easily  and  would  certainly  be  detected,  if  he  had  not 
ivholly  lost  his  memory,  even  of  his  own  public  writing.  You, 
Mr.  Tudor,  knjew  Mr.  Adams  from  your  childhood  to  his  death. 
In  his  common  appearance,  he  was  a  plain,  simple,  decent  citizen, 
of  middling  stature,  dress  and  manners.  He  had  an  exquisite  ear 
for  mutiic,  and  a  charming  voice,  when  he  pleased  to  exert  it. — 
Yet  his  ordinary  speeches  in  town  meetings,  in  the  house  of  rep- 
resentatives and  in  congress,  exhibited  nothing  extraordinary  ;  but 
upon  great  occasions,  when  his  deeper  feelings  were  excited,  he 
erected  himself,  or  rather  nature  seemed  to  erect  him,  without 
the  smallest  symptom  of  affectation,  into  an  upright  dignity  of  fig- 
ure and  gesture,  and  gave  a  harmony  to  his  voice,  which  made  a 
strong  impression  on  spectators  and  auditors,  the  more  lasting  for 
the  purity,  correctness  and  nervous  elegance  of  his  style. 

This  was  a  delicate  and  a  dangerous  crisis.  The  question  in  the 
)ast  resort  was,  whether  the  town  of  Boston  should  become  a 
scene  of  carnage  and  desolation  or  not  ?  Humanity  to  the  soldiers 
conspired  with  a  regard  for  the  safety  of  the  town,  in  suggesting 
the  wise  measure  of  calling  the  town  together  to  deliberate.  For 
nothing  short  of  the  most  solemn  promises  to  the  people,  that  the 
soldiers  should,  at  all  hazards,  be  driven  from  thetown,  had  pre- 
served its  peacfe.  Not  only  the  immense  assemblies  of  the  people, 
from  day  to  day,  but  military  arrangements  from  night  to  night, 
were  necessary  to  keep  the  people  and  the  soldiers  from  getting 
togpiher  by  the  ears.  The  life  of  a  red  coat  would  not  have 
been  safe  in  any  street  or  corner  of  the  town.  Nor  would  the 
lives  of  the  inhabitants  have  been  much  more  secure.  The  whole 
militia  of  the  city  was  in  requisition,  and  military  \yatches  and 
guards  were  every  where  placed.  We  were  all  upon  a  level ;  no 
man  was  exempted  ;  our  military  officers  were  our  only  superi- 
ors. I  had  the  honor  to  be  summoned  in  my  turn,  and  attended  at 
the  state  house  with  my  musket  and  bayonet,  my  broadsword  and 
partridge  boz^  under  the  command  of  the  famous  Padidock.    I 


261 


know  yon  will  laajfh  at  my  military  figure  ;    but  I  believe  there 
was  not  a  mo'o  obedient  scidicr  in  the  rogimeni,  nor  one  mor<>  itn* 
partial  betwiicu  the  people  an*!  the  |•p^;•ul•^l•9.     In  this  character  I 
was  upon  duty  all  ni^rht  in  my  turn.      No  man  appeared  more 
anxious  or  more  deeply  impii'SS'^d  with  a  sense  of  danger  on  all 
sides,  than  our  commuidi-r  Paddock.      He  calleil  me,   common 
soldier  as  1  was,  Irequently  to  his  councils.     1  had  a  £(reat  deal  of 
conversation  with  him,  and  no  man  appeared  more  apprelK-nsive 
of  a  fatal  calamity  to  the  town,  or  more  zealous  by  every  prudent 
measure  to  prevent  it.      Such  was  the  situation  of  affairs,  when 
Samuel  Adiims  was  reasoning  with  lieutenant  governor  Hutchinson 
and  lieutenant  colonel  Dalrymple.     He   had  fairly  driven  them 
from  all  their  outworks,  breastworks  and  entrenchments,  to  their 
citadel.    There  they  paused  and  considered  and  deliberated.  The 
heads  of  Hutchinson  and  Dalrymple   were  laid  together  in  whis- 
pers for  a  long  time  :  when  the  whispering  ceased,  a  long  and  sol- 
emn pause  ensued,  extremely  painful  to  an  impatient  and  expect- 
ing audience.     Hutchinson,  in  time,  broke  silence  ;  he  had  con- 
sulted with  colonel  Dalrymple,  and  the  colonel  had  authorized 
him  to  say  that  he  might  order  one  regiment  down  to  the  castle, 
if  that  would  satisfy  the  people.     With  a  self-recollection,  a  self- 
possession,  a  selt-command,  a  presence  of  mind  that  was  admired 
by  every  man  present,  Samuel  Adams  arose  with  an  air  of  dignity 
and  majesty,  of  which  he  was  sometimes  capable,  stretched  forth 
bis  arm,  though  even  then  quivering  with  palsy,  and  with  an  har- 
monious voice  and  decisive  tone,  said,  "  if  the  lieutenant  governor 
or  colonel  Dalrymple,  or  both  together,  have  authority  to  remove 
one  regiment,  they  have  authority  to  remove  two  ;  and  nothing 
short  of  the  total  evacuation  of  the  town  by  all  the  regular  troops, 
will  satisfy  the  public  mind  or  preserve  the  peace  of  the  province." 
These   few  words  thrilled  through  the  veins  of  every  man  in 
the  audience,  and  produced  the  great  result.     After  a  little  awk- 
ward hesitation,  it  was  agreed  that  the  town  should  be  evacuated 
and  both  regiments  sent  to  the  castle. 

After  all  this  gravity  it  is  merry  enough  to  relate  that  William 
Molineaux,  was  obliged  to  march  side  by  side  with  the  command- 
er of  some  of  their  troops,  to  protect  them  from  the  indignation 
of  the  people,  in  their  progress  to  the  wharf  of  embarcation  for 
the  castle.  Nor  is  it  less  amusing  that  lord  North,  as  I  was  re- 
peatedly and  credibly  informed  in  England,  with  his  characteristic 
mixture  of  good  humour  and  sarcasm,  ever  after  called  these 
troops  by  the  title  of  "  Sam  Adams's  two  regiments." 

The  painter  should  seize  upon  the  critical  moment  when  Sam- 
uel Adams  stretched  out  his  arm,  and  made  hi$  last  speech. 

It  will  be  as  difhcult  to  do  justice,  as  to  paint  an  Apollo  ;  and 
the  transaction  deserves  to  be  painted  as  much  as  the  surrender  of 
Burgoyne.     Whether  any  artist  will  ever  attempt  it,  I  know  no^. 

JOHN  ADAMS. 


'I 


)■>■ 


.j^i 


262 


\i  M 


TO  THE  HON.  WM.  TUDOIl. 

.  Qutnc^,  April  33,  181B. 

DEAR  SIR, 

YOUR  letter  of  the  5th  has  been  received.  Your  judgment 
of  Mr.  Wirt's  biography  of  my  friend,  Mr.  Henry,  is  in  exact  uni- 
son with  my  own.  I  have  read  it  with  more  delight  than  Scott's 
romances  in  verse  and  prose,  or  Miss  Porter's  Scottish  Chiefs,  and 
other  novels. 

I  am  sorry  you  have  introduced  me.  I  could  wish  my  own  name 
forgotten,  if  I  could  develope  the  true  causes  of  the  rise  and  pro- 
gress of  American  revolution  and  independence. 

Why  have  Harmodius  and  Brutus,  Culigni  and  Brederode, 
Cromwell  and  Napoleon  failed,  and  a  thousand  others  ?  Because 
human  nature  cannot  bear  prosperity.  Success  always  intoxicates 
patriots  as  well  as  other  men  ;  and  because  birth  and  wealth  al- 
ways, in  the  end,  overcome  popular  and  vulgar  envy,  moce  surely 
than  public  interest. 

The  causes  of  our  parties  during  and  since  the  revolution,  would 
lead  me  too  far. 

You  cannot  ask  me  too  many  questions.  I  will  answer  them  all 
according  as  strength  shall  be  allowed  to  your  aged  and  infirm 
friend,  JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 

Qumcy,  May  12,  1818. 

VEAR  SIK, 

1 N  my  letters  to  you,  1  regard  no  order.  And  I  think,  I  ought 
to  mike  you  laugh  sometimes  :  otherwise  my  letters  would  be  too 
grave,  if  not  too  melancholy.  To  this  end,  1  send  you  Jemmi- 
bellero,  "  the  song  of  the  drunkard"  which  was  published  in 
Fleet's  "  Boston  Evening  Post,"  on  the  13th  of  May.  1 765.  It  was 
universally  agreed  to  have  been  written  by  Samuel  Waterhouse, 
who  had  been  the  most  notorious  scribbler,  satyrist  and  libeller,  in 
ihe  service  of  the  conspirators,  against  the  liberties  of  America, 
and  against  the  administration  of  governor  Pownal,  and  against  the 
characters  of  Mr.  Pratt  and  Mr.  Tyng.  The  rascal  had  wit.  But 
is  ridicule  the  test  of  truth  ?  You  see  the  bachanalian  ha  !  ha !  at 
Otis's  prosodies  Greek  and  Latin  ;  and  you  see  the  encouragement 
of  scholarship  in  that  age.  The  whole  legion,  the  whole  phalanx, 
the  whole  host  of  conspirators  against  the  liberties  of  America, 
could  not  have  produced  Mr.  Otis's  Greek  and  Latin  prosodies. ' 
Yet  they  must  be  made  the  scorn  of  fools.  Such  was  the  char- 
acter of  the  age,  or  rather  of  the  day.  Such  have  been  and  such 
will  be  the  rewards  of  real  patriotism  in  all  ages  and  all  over  the 
world. — I  am,  as  ever,  your  old  friend  and  humble  servant, 

JOHN  ADAMS. 


/ 


263 


TO  THE  HON.  WM.  TUDOK. 

Qtanc^,  June   1,   181ii. 

DEAR  SIR, 

NO  man  couW  have  written  from  memory  Mr.  Otis's  arg;ument 
of  four  or  five  hours,  ngainst  the  acts  of  trade,  as  revenue  hiw8, 
and  against  writs  of  assistants,  as  a  tyrannical  engine  to  execute 
them,  the  next  day  after  it  was  spoken.  How  awkward,  then, 
would  be  an  attempt  to  do  it  after  a  lapse  of  fifty  seven  years  ? 
Nevertheless,  some  of  the  heads  of  his  discourse  are  so  indelibly 
imprinted  on  my  mind,  that  1  will  endeavour  to  give  you  some 
very  short  hints  of  them. 

1.  He  began  \vith  an  exordium,  containing  an  apology  for  his 
resignation  of  the  oflice  of  advocate  general  in  the  court  of  ad- 
miralty ;  and  for  his  appearance  in  that  cause  in  opposition  to  the 
crown,  and  in  favour  of  the  town  of  Boston,  and  the  merchants  of 
Boston  and  Salem. 

2.  A  dissertation  on  the  rights  of  man  in  a  state  of  nature.  He 
asserted,  that  every  man,  merely  natural,  was  an  independent 
sovereign,  subject  to  no  law,  but  the  law  written  on  his  heart,  and 
revealed  to  him  by  his  Maker,  in  the  constitution  of  his  nature, 
and  the  inspiration  of  his  understanding  and  his  conscience.  Mia 
right  to  his  life,  his  liberty,  no  created  being  could  rightfully  con- 
test. Nor  was  his  right  to  bis  property  less  incontestible.  The 
club  that  he  had  snapped  from  a  tree,  for  a  staff  or  for  defence^ 
was  his  own.  His  bow  and  arrow  were  his  own  ;  if  by  a  pebble 
he  had  killed  a  partridge  or  a  squirrel,  it  was  his  own.  No  crea- 
ture, man  or  beast,  had  a  right  to  take  it  from  him.  If  he  had 
taken  an  eel,  or  a  smelt,  or  a  sculpion,  it  was  his  property.  In 
short,  he  sported  upon  this  topic  with  so  much  wit  and  humour, 
and  at  the  same  time  so  much  indisputable  truth  and  reason,  that  he 
was  not  less  entertaining  than  instructive.  He  asserted,  that  these 
rights  were  inherent  and  inalienable.  That  they  never  could  be 
surrendered  or  alienated  but  by  ideots  or  madmen,  and  all  the  acts 
of  ideots  and  Innatics  were  void,  and  not  obligatory  by  all  the  laws 
of  God  and  man.  Nor  were  the  poor  negroes  forgotten.  Not  a 
Q,uakerin  Philadelphia,  or  Mr.  Jefferson,  of  Virginia,  ever  assert- 
ed the  rights  of  negroes  in  stronger  terms.  Young  as  1  was,  and 
ignorant  as  1  was,  1  shudiiered  at  the  doctrine  be  taught ;  and  1 
have  all  my  life  time  shuddered,  and  still  sh'idder,  at  the  conse- 
quences that  may  be  drawn  from  such  premises.  Shall  we  say, 
that  the  rights  of  masters  and  servants  clash,  and  can  be  decided 
only  by  force  ?  I  adore  the  idea  of  gradual  abolitions  !  But  who 
shall  decide  how  fast  or  how  slowly  these  abolitions  shall  be  made  ? 

3.  From  individual  independence  he  proceeded  to  assoi  iatioa. 
If  it  was  inconsistent  with  the  dignity  of  human  natur*  to  say,  that 
men  were  gregarious  animals,  like  wild  horses  and  w  tid  geese,  it 
surely  could  offend  no  delicacy  to   say  they  wei-;  so';ial  animals 


i! 


'I 


.  (:■ 


<1      :■ 


264 


im 


hy  nature  that  they  were  Tniitunl  oympathics  ;  and,  above  all,  the 
sweet  attrnction  of  the  sexes,  which  must  soon  draw  them  together 
in  little  groups,  and  by  decrees  in  larger  congregntiunfl,  for  inu> 
tuni  assistance  and  defence.  And  this  must  have  happened 
before  any  formal  covenant,  hy  express  words  or  signs,  wai 
conchidod.  When  general  counsels  and  deliderations  commenced, 
the  objects  con  Id  be  no  other  than  the  mutual  defence  and  secu- 
rity of  every  individual  for  his  life,  his  liberty^  and  his  property. 
To  suppose  them  to  have  surrendered  these  in  any  other  way 
than  by  equal  rules  nnd  general  consent,  was  to  suppose  them 
ideols  or  madmen,  who«e  acts  were  never  binding.  To  suppose 
them  surprised  by  fraud,  or  compelled  by  force,  into  any  other 
compact,  such  fraud  and  such  force  could  confer  no  obligation. 
Every  man  had  a  right  to  trample  it  under  foot  whenever  he 
pleased.  In  short,  he  »S!«erted  these  rights  lo  be  derived  only 
from  nature,  and  the  author  of  nature;  that  they  were  inherent, 
inalienable,  and  indt'feasibie  by  any  laws,  pacts,  contracts,  Cove- 
nants, or  stipulations,  which  man  could  duviHe. 

4.  These  principles  and  these  rights  were  wrought  into  the 
English  constitution  as  fundamental  laws.  And  uniler  this  head  he 
went  back  to  the  old  Snxon  laws,  and  to  Magna  Charta,  and  the 
fifty  confirmations  of  it  in  parliament,  and  the  execrations  ordained 
against  the  violators  of  it,  and  the  national  vengeance  which  had 
been  taken  on  them  from  time  to  time,  down  to  the  Jameses  and 
Charleses  ;  and  to  the  petition  of  rights  and  the  bill  of  rights,  and 
the  revolution.  Mc  asserted,  that  the  security  of  these  rights  to 
life,  liberty,  and  property,  had  been  the  object  of  all  those  strug- 
gles against  arbitrary  power,  temporal  and  spiritual,  civil  and  po- 
litical, military  and  ecclesiastical,  in  every  age.  He  asserted,  that 
our  ancestors,  as  British  subjects,  and  we,  their  de!«cendants,  as 
British  subjects,  were  entitled  to  all  those  rights,  by  the  British 
constitution,  as  well  as  by  the  law  of  nature,  and  our  provincial 
charter,  as  much  as  any  inhabitant  of  London  or  Bristol,  or  any 
part  of  England ;  and  were  not  to  be  cheated  out  of  them  by  any 
phantom  of  '-'  virtual  representation,"  or  any  other  fiction  of  law 
or  |>olitics,  or  any  monkish  trick  of  deceit  and  hypocrisy. 

5.  He  then  examined  the  acts  of  trade,  one  by  one,  and  demon- 
strated, that  if  they  were  considered  as  revenue  laws,  they  de- 
Htroyed  all  our  security  of  property,  liberty,  and  life,  every  right 
of  nature,  and  the  English  constitution,  and  the  charter  of  the  pro- 
vince. Here  h«;  considered  the  distinction  between  "external 
and  internal  taxes,"  at  that  time  a  popular  and  common-place 
distinction,  lint  he  a«serted  there  was  no  such  distinction  in  the- 
ory, or  upon  any  |»rinci|)le  tut  "necessity."  The  necessity  that 
the  coninierce  of  the  empire  should  be  under  one  direction,  was 
obvious.  The  Americans  had  been  so  sensible  of  this  necessity, 
that  they  had  connived  at  the  distinction  between  external  and  in- 
ternal taxes,  and  had  suhmitted  to  the  acts  of  trade  as  regulations 
of  commerce,  l>ut  never  as  taxations,  or  revenue  laws.  Nor  had 
the  British  governmeut,  till  now,  ever  dared  to  attempt  to  enforce 


tve  all,  the 
n  together 
ifl,  for  mu> 

happened 
signn,  wul 
immenced, 

und  secu- 

property, 
other  way 
pose  them 
['o  suppose 

any  other 
obligation, 
enever  he 
rived  only 
e  inherent, 
nets,  Cove- 

ht  into  the 
[lis  head  he 
ta,  and  the 
[)8  ordained 
which  had 
imeses  and 
rights,  and 
e  rights  to 
Itose  Strug- 
vil  and  po*' 
ierted,  that 
ndants,  as 
the  British 
provincial 
ol,  or  any 
em  by  any 
tion  of  law 
isy. 

tnd  demon- 
8,  they  de- 
ivery  right 
of  the  pro- 
"  external 
imon-place 
tion  in  the- 
lessity  that 
iction,  was 
necessity, 
nal  and  in- 
'egulationf: 
Nor  had 
to  enforce 


m 

""■ 

them  ai  tasiUont  or  feveoue  laws.  They  had  laid  dormant  in  thai 
character  fof  a  century  ahnost.  The  navigation  att  he  allowed  to 
he  binding  upon  us,  because  we  had  consented  to  it  by  our  own 
lejfislature.  Here  he  gave  a  history  of  the  navigation  act  of  the 
first  of  Charles  «d.  a  iilagiarism  from  Oliver  Cromwell.  Thif 
act  had  laid  dormant  tor  fifteen  years.  In  1673,  after  repeated 
letters  and  orders  from  the  king,  governor  Winthrop  very  can* 
didly  informs  hit  majesty,  that  the  law  had  not  been  executed, 
because  it  was  thought  unconstitutional ;  parliament  not  having 
authority  over  us. 

I  shall  pursue  this  subject  in  a  short  series  of  letters.  Provi- 
dence  pursues  its  incomprehensible  and  inscrutable  designs  in  its 
own  way,  and  by  its  own  instruments.  And  as  1  sincerely  believe 
Mr  Otis  to  have  been  the  earliest  and  thu  principal  founder  of 
One  of  the  greatest  political  revolutions,  that  ever  occurred  among 
men,  it  seems  to  me  of  some  importance,  that  his  name  and  char- 
acter should  not  bo  forgotten.  Young  men  should  bo  taught  M 
honour  merit,  but  not  to  adore  it.  The  greatest  men  have  the  ' 
greatest  faults.  JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 

Quineyf  June  9,  1818. 

BEAR   SIR, 

I  HAVE  promised  you  hints  of  the  heads  of  Mr.  Otis's  oration, 
argument,  speech,  call  it  what  you  will,  against  the  acts  of  tkade, 
OS  revenue  laws,  and  against  writs  of  assistants,  as  tyrannical  instra* 
ments  tor  Try  them  into  execution. 

But  I  enter  on  the  performance  of  my  promise  to  you,  not 
without  fear  and  trembling ;  because  I  am  in  the  situation  of  a  lady^ 
whom  you  knew  first  as  my  client,  the  widow  of  Dr.  Ames,  or 
Dedham ,  and  afterwards,  as  the  mother  of  your  pupil,  the  late 
brilliant  orator,  Fisher  Ames,  of  Dedham.  This  lady  died  last 
year,  at  95  or  06  years  of  age.  In  one  of  her  last  years  she  said, 
"  She  was  in  an  awkward  situation ;  for  if  she  related  any  fact 
of  an  old  date,  any  body  might  contradict  her,  for  she  could  find 
no  witness  to  keep  her  in  countenance." 

Mr.  Otis,  after  rapidly  running  over  the  history  of  the  contin- 
nal  terrors,  vexations,  and  irritations,  which  our  ancestors  endured 
from  the  British  government,  from  1620,  under  James  1st.  and 
Charles  Ist. ;  and  acknowledging  the  tranquility  under  the  par- 
liament and  Cromwell,  from  1648,  to  the  restoration,  in  1060,  pro- 
duced the  navigation  act,  as  the  first  fruit  of  the  blessed  restora- 
tion of  a  Stuart's  reign. 

This  act  is  in  the  12ih  year  of  Charles  2d.  chapter  18,  "  An 
act  for  the  encouraging  and  increasing  of  shipping  and  navigation." 

"  For  the  increase' of  shipping,  and  encouragement  of  the  nav- 
igation of  this  nation,  wherein,  under  the  good  providence  and 

'3i 


"§ 


m 


m 


M  ■ 


j£i 


266 


'14 


protection  of  God,  the  wealth,  safety,  and  strength  of  this  king" 
doin,  is  so  much  concerned,  be  it  enacted,  that  from  and  after  the 
first  day  of  December,  1 660,  and  from  thence  forward,  no  goods, 
or  commodities,  whatsoever,  shall  be  imported  into,  or  exported 
ont  of,  any  lands,  islands,  plantations,  or  territories,  to  his  majesty 
belonging  or  in  his  possession,  or  which  may  hereafter  belong 
unto  or  be  in  the  possession  of  his  miijesty,  his  heirs  and  successors, 
in  Asia,  Africa,  or  America,  in  any  other  ship  or  ships,  vessel  or 
vessels,  whatsoever,  but  in  such  ships  or  vessels,  as  do  truly  and 
without  fraud,  belong  only  to  the  people  of  England  or  Ireland, 
dominion  of  Wales,  or  town  of  Berwick  upon  Tweed,  or  are  of 
the  built  of,  and  belonging  to,  any  of  the  said  lands,  islands,  plan- 
tations cr  territories,  as  the  proprietors  and  right  owners  thereof, 
and  wher'iof  the  master,  and  three  fourths  of  the  mariners,  at  least, 
are  English ;  under  the  penalty  of  the  forfeiture,  and  loss  of  all 
the  goods  and  commodities  which  shall  be  imported  into,  or  ex- 
ported ont  of  any  of  the  aforesaid  places,  in  any  other  ship  or  ve9- 
bil,  as  also  of  the  ship  or  vessel,  with  all  its  gun?,  furniture,  tackle, 
ammunition,  and  apparel :  one  third  part  thereof  to  his  majesty, 
his  heirs  and  successors  :  one  third  pavt  \o  the  governor  of  such 
land,  plantation,  island,  or  territory,  where  such  default  shall  be 
committed,  in  case  the  said  ship  or  ^'oods  be  there  seized  ;  or  oth- 
erwise, that  third  part  also  to  hrs  majesty,  his  heirs  and  successors ; 
and  the  other  third  part  to  him  or  them  who  chall  seize,  inform, 
or  sue  for  the  same  in  any  court  of  record,  by  bill,  information, 
plaint,  or  other  action,  wherein  no  essoin,  protection,  or  wager  of 
law  shall  be  allowed  :  and  all  admirals  and  other  commanders  at 
sea,  of  any  of  the  ships  of  war  or  other  ships,  having  commission 
from  his  majesty,  or  from  his  heirs  or  successors,  are  hereby  ati- 
thorizod,  and  strictly  required  to  seize  and  bring  in  as  prize,  all 
such  ships  or  vessels  as  shall  have  offended,  contrary  hereunto, 
and  deliver  them  to  the  court  of  admiralty,  there  to  be  proceeded 
against ;  and  in  case  of  condemnation,  one  moiety  of  such  forfeit- 
ures shall  be  to  the  use  of  such  admirals  or  commanders,  and  their 
companies,  to  be  divided  and  proportioned  among  them,  according 
to  the  rules  and  orders  of  the  sea,  in  case  of  ships  taken  prize ; 
and  the  other  moiety  to  the  use  of  his  majesty,  his  heirs  and  suc- 
cessors." 

Section  second  enacts,  all  governors  sha?l  take  a  solemn  oath 
to  do  their  utmost,  that  every  clause  shall  he  punctually  obeyed. 
See  the  statute  at  large. 

See  also  section  third  of  this  statute,  which  I  wish  I  could 
transcribe 

Section  fourth  enacts,  that  no  goods  of  foreign  growth,  produc- ' 
tion  or  manufacture,  shall  be  brought,  even  in  English  shipping, 
from  any  other  countries,  but  only  from  those  of  the  said  growth, 
production  or  manufacture,  under  all  the  foregoing  penalties. 

Mr.  Otis  commented  on  this  statute  ir  all  its  parts,  especially  on 
the  foregoing  section,  with  great  severity.     He  expatiated  on  ita 


lis  king" 
fter  the 
)  goods, 
xported 
majesty 
'  belong 
xessors, 
esse!  or 
ruly  and 
Ireland, 
ir  are  oi' 
ds,  plan- 
thereof, 
at  least, 
ss  of  all 
),  or  ex- 
3  or  ves- 
, tackle, 
majesty, 
r  of  such 
:  shall  be 
;  or  oth- 
;ces8ors ; 
,  inform, 
>rmation, 
wager  of 
linders  at 
amission 
reby  ati- 
)rize,  all 
ereunto, 
'oceeded 
forfeit* 
md  their 
ccording 
prize ; 
and  suc- 

imn  oath 
obeyed. 

I  could 

produc- * 

(hipping, 

growth, 

Hies. 

cially  OD 

ed  on  ita 


267 


Dorroiv,  contracted,  seifish,  and  e»**liisive  spirit.  Yet  he  could  not 
and  wonid  not  deny  its  policy,  or  controvert  the  necessity  of  it, 
for  England,  in  that  age.  surrounded  .is  she  was  by  France,  Spain, 
Holland,  and  other  jealous  rivals ;  nor  would  he  dispute  the  pru- 
dence of  governor  Levereft,  and  the  Massachusetts  legislature, 
in  adopting  it,  in  1675,  after  it  had  laid  dormant  for  fifteen  years; 
though  the  adoption  of  it  was  inHnitoly  prejudicial  to  the  interests, 
the  growth,  the  increase,  the  prospority  of  the  colonies  m  gen- 
eral, of  New  E>igland  in  partfcuiar  ,«nd  inon'  of  all,  to  the  town 
of  Boston.  It  was  an  immense  sacrilic»>  to  wha^  was  called  th« 
mother  country.  Mr.  Otis  thought,  that  « lu-  statute  ought  to  have 
been  sufficient  to  satisfy  the  ambition,  the  itvarice,  the  cupidity  of 
any  nation,  but  especially  of  one  who  boAMted  of  ifr-ing  a  tender 
mother  of  her  children  colonies ;  and  wIh^h  those  children  had 
always  been  so  fondly  disposed  to  acknowledgi>  the  condescending 
tenderness  of  their  dear  indulgent  mother. 

This  8t;]'.ute,  however,  Mr.  Otis  said,  w»«  vvhoflly  prohibitory. 
It  abounded,  indeed,  with  penalties  and  forfei!r»res,  and  with  bribes 
to  governors  and  informers,  and  custom  houi»o-  oHicers,  and  naval 
officers  and  commanders  ;  but  it  imposed  no  iax<^s.  Taxes  were 
laid  in  abundance  by  subsequent  acts  of  trade  ,  >ut  this  act  laid 
none.  Nevertheless,  this  was  one  of  the  acts  that  were  to  be 
carried  into  strict  execution  by  these  writs  of  assistance.  Houses 
were  to  be  broken  open,  and  if  a  piece  of  Dutch  linen  could  be 
found,  from  the  cellar  to  the  cock  loft,  it  was  to  be  sei/.ed  and 
become  the  prey  of  governors,  informers,  and  majesty. 

When  Mr.  Otis  had  extended  his  observations  on  this  act  of  nav* 
igation,  much  farther  than  I  dare  to  attempt  to  repeat,  he  pro- 
ceeded to  the  subsequent  acts  of  trade.  These,  he  contended, 
imposed  taxes,  and  enormous  taxes,  burthensome  taxes,  oppres- 
sive, ruinous,  intolerable  taxes.  And  here  he  gave  the  reins  to 
his  genius,  in  declamation,  invective,  philippic,  call  it  which  you 
will,  against  the  tyranny  of  taxation,  without  lepresentation. 

But  Mr.  Otis^s  observations  on  those  acts  of  trade,  must  be 
postponed  for  another  letter. 

Let  me,  however,  say,  in  my  own  name,  if  any  man  wishes  to 
investigate  thoroughly,  the  causes,  feelings,  and  principles  of  the 
revolution,  he  must  study  this  act  of  n&vigation  and  the  acts  of 
trade,  as  a  philosopher,  a  politician,  and  a  philanthropist. 

JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 

Qkincj/,  June  17,  1818. 

DCAtl  SIR, 

THE  next  statute  produced  and  commented  by  fir.  Otis  was  the 
Uth  of  Charles  the  second,  i.  e.  1663,  ch.  7.  "  An  act  for  the  en- 
couragement of  trade.'^ 


i  ■ 

i'  .' 


*■" 


I 


268 


J'-  ■'?  '-i 


'^U 


Sec.  5. — "  And  in  regard  his  majesty ""s  plantations,  beyoad  t.he 
seas  are  inhabited  and  peopled  by  his  subjects  of  this  his  kingdom 
of  England,  for  the  maintaining  a  greater  correspondence  and 
kindness  betiVeen  them,  and  keeping  them  in  a  firmer  dependance 
upon  it,  and  rendering  them  yet  more  beneficial  and  advantageous 
«nto  it,  in  the  further  employment  and  increase  of  English  ship- 
ping and  seamen,  vent  of  English  woolen  and  other  manufa<*.tures 
and  commodities,  rendering  the  navigation  to  and  from  the  '  .uie, 
more  cheap  and  safe,  and  making  thh  kingdom  a  staph,  nc^^  /xAy  of 
the  commodities  of  those  plantations,  but  also  of  the  commodities 
of  other  countries  and  places, /or  the  supplying  of  them ;  and  it  be- 
ing the  usage  of  other  nations  to  keep  their  plantations  trades  to 
themselves." 

Sec.  6. — "  Be  it  enacted,  he.  that  no  commodity  of  the  growth, 
production  or  manufac'ure  of  Europe,  shall  be  imported  into  any 
land,  island,  plantation,  colouj,  territory  or  place,  to  his  majesty 
belonging,  or  which  shall  hereafter  belong  unto  or  be  in  possession 
pf  his  majesty,  his  heirs  and  successors,  in   Asia,  Africa  or  Ameri- 
ca, (Tangier  only  excepted)  but  what  shall  be  bona  fide,  and  with- 
out fraiid,   laden  and  shipped  in  England,  Wales,  or  the  town  of 
Berwick  upon  Tweed,  and  in  English  built  shipping,  or  which 
were  bona  fide  bought  before  the  Ist  of  October,    16G2,  and  had 
such  certificate  thereof  as  is  directed  in  one  act  pnsr^ed  the  last 
session  of  the  present  parliament,  entitled  "«3n  act  for  preventing 
frauds  and  regulating  abuses  in  hismajesty''s  customs  ;"  and  whereof 
the  master,  and  three  fourths  of  the  marinets  at  least  are  English, 
and  which  shall  be  carried  directly  thence,  to  the  said  lands,  is- 
lands, plantations,  colonies,  territories  or  places,  and  from  no  other 
})lace  or  places  whatsoever;  any  law,  statute  or  usage  to  the  con- 
trary notwithstanding  ;    under  the  penalty  of  the  loss  of  all  such 
commodities  of  the  growth,  production  or  manufacture  of  Europe, 
as  shall  be  imported  into  any  of  them,  from  any  other  place  whlat- 
soever,  by  land  or  water  ;  and  if  by  water,  of  the  ship  or  vessel 
also,  in  which  they  were  imported,  with  all  her  guns,  tackle,  fur- 
niture, ammunition  and  apparel ;  one  third  part  to  his  majesty,  his 
heirs  and  successors  ;  one  third  part  to  the  governor  of  such  land» 
island,   plantation,  colony,  territory    or  place,  into  which  such 
goods  were  imported,  if  the  said  shi;),  vessel  or  goods  be  there 
seized  or  informed  against  and  sued  for ;  or  otherwise,  that  third 
part  also  to  his  majesty,  his  heirs  and  successors ;  and  the  other 
third  part  to  him  or  thei:  who  shall  seize,  intbrm,  or  sue  for  the 
same  in  any  of  his  majesty's  courts  in  such  of  the  said  lands,  islands, 
colonies,  plantations,  territories  or  places   where  the  offence  was 
committed,  or  in  any  court  of  record  in  England,  by  bill,  informa- 
tion, plaint,  or  other  action,  wherein  no  essoin  protection  or  wager 
of  law  shall  be  allowed." 

Sections?.  8.  9.  and  10.  of  this  odious  instrument  of  mischief 
and  misery  to  mankind,  all  calculated  to  fortily  by  oaths  and  penal- 
tics,  the  tyraimical  ordinances  of  the  preceding  sectioas. 


.'VS 


269 


^? 


Mr.  Otis^s  observations  on  these  statutes  ivere  numerous,  and 
some  of  them  appeared  to  me  at  the  time,  youngp  a9  1  was,  bitter. 
But  as  I  cannot  pretend  to  rerollect  those  observations  with  pre- 
cision, t  will  recommend  to  you  and  others  to  make  your  oivn  re- 
marks upon  them. 

You  must  remember,  Mr.  Tudor,  that  you  and  I  had  much 
trouble  with  these  statutes  after  you  came  into  my  olHce,  in  1770  ; 
and  1  had  been  tormented  with  them  for  nine  years  before,  i.  e. 
from  1761. 

I  have  no  scruple  in  making  a  confession  with  all  the  simplicity 
of  Jean  Jac  Rosseau,  that  1  never  turned  over  the  leaves  of  these 
statutes,  or  any  section  of  them,  without  pronouncing  a  hearty 
curse  upon  them. 

I  felt  them^  as  an  humiliation,  a  degradation  a  disgrace  to  my 
Country  and  to  myself  as  a  native  of  it. 

Let  me  respectfully  recommend  to  the  future  orators  on  the 
fourth  of  July,  to  peruse  these  statutes  in  pursuit  of  pnncij)les  and 
feelings  that  produced  the  revolution. 

Oh  !  Mr.  Tudor,  when  will  France,  Spain,  England  and  Hol- 
land renounce  their  selfish,  contracted,  exclusive  systems  of  reli- 
gion, government  and  commerce  ?  I  fear,  never. 

But  they  may  depend  upon  it,  their  present  systems  of  coloni/.a- 
tion  cannot  endure.  Colonies  univers;illy,  ardently  br^'athe  tor 
independence.  No  man,  who  has  a  soul  will  ever  live  in  a  colo- 
ny, under  the  present  establishments,  one  moment  longer  than 
necessity  compels  him. 

But  I  must  return  to  Mr.  Otis.  Tiic  burthen  of  his  song  was 
"  Writs  of  asmiance.^^  All  these  rigorous  s-tatutes  were  now  to 
be  carried  into  rigorous  execution  by  the  still  more  vigorous  in- 
struments of  arbitrary  power,  "  Writs  of  assistance." 

Here  arose  a  number  of  very  important  questions.  What  were 
writs  of  assistance  ?  Where  were  they  to  be  found  ?  VV  hen, 
where,  and  by  what  authority  had  they  been  invented,  created, 
and  established  ?  Nobody  could  answer  any  of  these  questions. — 
Neither  chief  justice  Hutchinson,  nor  any  one  of  his  four  apsociate 
judges,  pretended  to  have  ever  read  or  seen  in  any  book  any  such 
writ,  or  to  know  any  thuig  about  it.  The  court  had  ordered  or 
requested  the  bar  to  search  for  precedents  and  authorities  for  it, 
but  none  were  found.  Otis  pronounced  boldly,  thut  there  were 
none,  and  neither  judge  nor  lawyer,  bench  or  bar,  pretended  to 
confute  him.  He  asserted  farther,  that  there  was  no  colour  ot 
authority  for  it,  but  one  produced  oy  Mr.  Gridley  in  a  statute  of 
the  1 3th  and  14th  of  Charles  the  second,  which  Mr.  Otis  said  was 
neither  authority,  precedent  or  colour  of  either,  in  America.  Mr. 
Thatcher  said  he  had  diligently  s -arched  all  the  books,  but  could 
.'ind  no  such  writ.  He  had  indeed  found  in  Kastalls  Entries,  a 
thing  which  in  some  of  its  features  resembling  this,  but  so  little 
iike  it  in  the  whole,  that  it  was  not  worth  while  to  read  it. 

Mr.  Gridley,  who,  no  doubt,  was  furnished,  upon  this  great  aiul 
critical  occasion,  with  all  the  information  possessed  by  the  govern* 


^»Vs 


if 

r  - 
f 

■•: 


ji: 


( 


M 


t,:      i 


I.' 


.»     M,'. 


270 


or,  lieutenant  governor,  secretary,  custom  house  officers,  and  all 
other  crown  officers,  produced,  the  statute  of  the  thirteenth  and 
fourteenth  of  Charles  the  second,  chapter  eleventh,  entitled,  ^  An 
Act  to  prevent  frauds,  and  regulating  abuses  in  his  majesty's  cus- 
toms." Section  fifth,  which  I  will  quote  verbatim.  "And  be  it 
further  enacted  by  the  authority  aforesaid,  that  in  case,  after  the 
clearing  of  any  ship  or  vessel,  by  the  person  or  persons  which  are 
or  shall  be  appointed  by  his  majesty  for  managing  the  customs  or 
any  their  deputies,  and  discharging  the  watchmen  and  tidesmen 
from  attendance  thereupon,  there  shall  be  found  on  board  such 
ship  or  vessel,  any  goods,  wares  or  merchandizes,  which  have 
been  concealed  from  the  knowledge  of  the  said  person  or  persons^ 
which  are  or  shall  be  so  appointed  to  manage  the  customs,  and  for 
which  the  custom,  subsidy  and  other  duties  due  upon  the  import- 
ation thereof  have  not  been  paid ;  then  the  master,  purser,  or 
other  person  taking  charge  of  said  ship  or  vessel,  shall  forfeit  the 
sum  of  one  hundred  pounds  :  and  it  shall  be  lawful,  to  or  for  any 
person  or  persons  authorized  by  writ  of  assistance  under  the  seal  oj 
kis  majesty' t  caun  of  exchequer^  to  take  a  constable,  headborough, 
or  other  public  officer,  inhabiting  near  unto  the  place,  and  in  the 
day  time  to  enter,  and  go  into  any  house,  shop,  cellar,  warehouse 
or  room,  or  other  place  ;  and  in  case  of  resistance,  to  break  open 
doors,  chests,  trunks,  and  other  package,  there  to  seize,  and  from 
thence  to  bring  any  kind  of  goods  or  merchandize  whatsoev- 
er prohibited  and  uncustomed,  and  to  put  and  secure  the  same,  in 
his  majest3r''s  storehouse  in  the  port,  next  to  the  place  where  such 
seizure  shall  be  made." 

Here  is  all  the  colour  for  "  Writs  of  assistance,"  which  the 
officers  of  the  crown  aided  by  the  researches  of  their  learned 
counsel,  Mr.  Gridley,  could  produce. 

Where,  exclaimed  Otis,  is  your  seal  of  his  majesty's  court  of 
exchequer  ?  And  what  has  the  court  of  exchequer  to  do  here  ? 
But  my  sheet  is  full,  and  my  patience  exhausted  for  the  present. 

JOHN  ADAMS. 


i  ViS> 


TO  THE  HON.  WM.  TUDOR. 

Quincy,  June  2t,  1818. 
DEAR  sm, 

MR.  OTIS  said  such  a  "  writ  of  assistance"  might  become  the 
reign  of  Charles  2d.  in  England,  and  he  would  not  dispute  the 
taste  of  the  parliament  of  England,  in  passing  such  an  act,  nor  the 
people  of  England  in  submitting  to  it ;  but  it  was  not  calculated 
for  the  meridian  of  America.  The  Court  of  Exchequer  had  no 
jurisdiction  here.  Her  warrants  and  her  writs  were  never  seen 
here.  Or  if  they  should  be,  they  would  be  waste  paper.  He 
insisted  however,  tiiut  these  warrants   and  writs  were  even  in 


e  same,  id 


271 


England  inconsistent  with  the  fundamental  laws,  the  natural  and 
constitutional  rights  of  the  subjects.  If,  however,  it  would  please 
the  people  of  England,  he  might  admit,  that  they  were  legal  there, 
but  not  here. 

Diligent  research  had  been  made  by  Otis  and  Thatcher,  and 
by  Gridley,  aided,  as  may  well  be  supposed,  by  the  officers  of  th«^ 
customs,  and  by  all  the  conspirators  against  American  liberty,  on 
both  sides  the  water,  for  precedents  and  examples  of  any  thin^ 
similar  to  this  writ  of  assistance,  even  in  England.  But  nothing' 
could  be  found,  except  the  following:  An  act  of  the  12lh  of 
Charles  2d.  chapter  S2.  '^  An  act  for  the  regulating  the  trade  of 
Bay-making,  in  the  Dutch  Bay-hall,  in  Colchester.*'  The  fifth 
section  of  this  statute,  "  for  the  better  discovering,  finding  out 
and  punishing  of  the  frauds  and  deceits,  aforesaid,  be  it  enacted, 
that  it  shall  and  may  be  lawful  for  the  governors  of  the  Dutch 
Bay-hall,  or  their  officers  or  any  of  them,  from  time  to  time,  in 
the  day  time,  to  search  any  cart,  waggon  or  pack,  wherein  they 
shall  have  notice,  or  suspect  any  such  deceitful  Bays  to  be,  and  also 
from  time  to  time,  with  a  constable,  who  are  hereby  required  to 
be  aiding  and  assisting  tho  n,  to  make  search  in  any  house,  shop, 
or  warehouse,  where  they  are  informed  any  sucVi  deceitful  Bays 
to  be,  and  to  secure  and  seize  the  same,  and  to  carry  them  to  the 
Dutch  Bay-hall ;  and  that  such  Bays  so  seized  and  carried  to  the 
said  hall,  shall  be  con£^cate  and  forfeit,  to  be  disposed  in  such 
manner  as  the  forfeitures  herein  before  mentioned,  to  be  paid  by 
the  weavers  and  fullers,  are  herein  before  limited  and  appointed.!' 

The  Dutch  Bay  hall  made  sporl  for  Otis  and  his  audience ;  but 
was  acknowledged  to  have  no  authority  here,  unless  by  certain 
distant  analogies  and  constructions,  which  Mr.  Gridley  himself  did 
not  pretend  to  urge.  Another  ridiculous  statute  was  of  the  22d 
and  23d  of  Charles  2d.  chapter  8th,  "  An  act  for  the  regulating 
the  making  of  Kidderminster  Stuffs." 

By  the  eleventh  section  of  this  important  law,  it  is  enactod^ 
"  That  the  said  president,  wardens,  and  assistants  of  the  said  Kid- 
derminster weavers,  or  any  two  or  more  of  them,  shall  have,  and 
hereby  have  power  and  authority,  to  enter  into  and  search  the 
houses  and  workhouses  of  any  artificer  undftr  the  ro-g-ulalion  of 
the  said  trade,  at  all  times  of  the  day,  and  usual  times  ofoponinjf 
shops  and  working ;  and  into  the  shops,  houses,  and  wiirehouses 
of  any  common  buyer,  dealer  in,  or  retailor  of  any  of  the  said 
cloths  or  stuffs,  and  into  the  houses  and  workhouses  of  any  dyer, 
sheerman,  and  all  other  workmen's  houses  and  places  of  sale,  or 
dressing  of  the  said  cloths,  or  stuffs  and  yarns  ;  and  may  there 
view  the  said  cloths,  stuffs  and  yarns  respectively;  arul  if  auy 
cloth,  stuff  or  yarns  shall  be  found  defective,  to  seize  and  carry 
away  the  same  to  be  tried  hy  a  jury." 

The  wit,  the  humour,  the  irony,  the  satire,  played  off,  by  Mr. 
Otis,  in  his  observations  on  these  act?  of  navigation,  Dutch  hays 
and  Kidderminster  stuffs,  it  would  oe  madness  in  me  to  pretend  to 


m 
i' 


I 


'^:: 


t 

r 


.1  '■ 


■i 


272 


li'i 


Hill 


remember  with  any  accuracy.  But  this  I  do  «ay,  that  Hdraee^e 
I*  Irritate  mulcet^  xcris  tcrroribu^  implet^'^  was  never  exemplified 
in  my  hoannj^  wiJh  so  i^reat  effect.  NVith  all  his  drollery,  he  in. 
tcrmixed  solid  and  sober  observations  upon  the  acts  of  navigation, 
by  Sir  Jofihiia  Ciiild,  nnd  other  English  writers  upon  trade,  which 
I  shall  produce  together  in  another  letter. 

It  is  hard  to   be  called  upon,  at  my  age,  to  such  a  service  as 
this.     But  it  is  the  duty  of 

JOHN  ADAMS. 


■■.;'■ 


TO  THE  HON.  WM.  TUDOll. 

Quiney,  Jufy  d,  1818. 

Dear  sin, 

IN  the  search  for  sbmething,  in  the  history  and  statutes  of 
England,  in  any  degree  resembling  this  monstrum  horrendum  ingens^ 
the  writ  of  assistance,  the  following  example«  were  found. 

In  the  statute  of  ijie  first  year  of  king  Janes  the  second,  chap- 
ter third,  "  An  act  for  granting  to  bis  majesty  an  imposition  upon 
all  wines  and  vinegar,"  &c.  Section  8,  it  is  enacted,  "That  the 
officers  of  his  majesty's  customs  &c.  shall  nave  power  and  author^ 
ity  to  enter  on  board  ships  and  vessels  and  make  searches,  and  t6 
do  all  other  matters  and  things,  which  may  tend  to  secure  the 
true  payment  of  the  duties  by  this  act  imposed,  and  the  due  and 
orderly  collection  thereof,  wliich  any  customers,  collectors  or  oth- 
er officers  of  any  of  his  majesty's  ports  can  or  may  do,  touching 
tiie  securing  his  majesty's  customs  of  tonnage  and  poundage,"  Sic. 
&,c.  &c.     1  must  refer  to  the  statute  for  the  rest. 

In  the  statute  of  king  .James  the  second,  chapter  four,  "  An  act 
for  granting  to  his  majesty  an  imposition  upon  all  tobacco  and  su- 
gar imported,"  &c.  Section  fifth,  in  certain  cases,  "  The  commis* 
•inners  may  appoint  «me  or  mure  officer  or  officers  to  enter  into 
nil  the  cellars,  warehouses,  stoie  cellars,  or  other  places  whatso- 
ever, belonging  to  such  importer,  to  search,  see  and  try,"  &c.  &c. 
^c.  I  must  again  '  etcr  to  the  statute  for  the  rest,  which  is  indeed 
iiothing  to  (be  present  purpose. 

Though  the  portraits  of  Charles  the  second  and  James  the 
?econd  were  blazing  before  his  eyes,  'heir  characters  and  reigns 
were  s'ufficiently  odious  to  all  but  the  conspirators  against  human 
'iherty,  to  excite  the  highest  applauses  of  Otis's  philippics  against 
them  and  all  the  foregoing  acts  of  their  reigns,  which  writs  of  as- 
sistance were  now  intended  to  enforce.  Otis  asserted  and  proved, 
that  none  of  these  statutes  extended  to  America,  or  were  obliga- 
tory here  by  any  rule  of  law,  ever  acknowledged  here,  or  ever 
li«'fore  preli.'nded  in  England. 

Anotner  species  of  statutes  were  introduced  by  the  counsel  for 
the  crown,  wliich  1  shall  «tate  as  they  occur  to  iue  without  any 


1'iN 


y 


:  Hdraee^s 
xemplified 


ery. 


he  iQ« 


lavigation, 
ide,  which 

service  ad 

kDAMS. 


»,  1818. 

I  statutes  of 
dtim  ingens, 
und. 

cond,  chap" 
>sition  upon 
*'  That  the 
and  author^ 
;he8,  and  tO 
I  secure  the 
the  due  and 
ktore  or  oth- 
lo,  touching 
idage,'^  Stc. 

ir,  "  An  act 
ceo  and  su- 
he  commis* 
D  enter  into 
ces  whatso' 
7,"  &.C.  &c, 
ch  is  indeed 

James  the 
and  reigns 
linst  human 
pics  against 
writs  of  as- 
ind  proved, 
rere  obliga- 
re,  or  ever 

counsel  for 
vithout  any 


273 


regard  to  the  order  of  time.  1.  of  James  the  second,  chapter  17. 
*^  An  act  for  the  revival  and  continuance  of  several  acts  of  parlia* 
ment  therein  mentioned/'  in  which  the  tobacco  law  among  others 
is  revived  and  continued. 

13th  and  14th  of  Charles  2nd,  chapter  13.  *^  An  act  for  prohibit* 
ing  the  importation  of  foreign  bone-lace,  outwork,  embroidery, 
fringe,  band*strings,  buttons  and  needle  work."  Pray  sir,  do  not 
laugh  !  for  something  very  serious  comes  in  section  third.  '^  Be 
it  further  enacted,  that  for  the  preventing  of  the  importing  of  the 
said  manufactures  as  aforesaid,  upon  complaint  and  information 
given,  to  the  justices  of  the  peace  or  any  or  either  of  them  within 
their  respective  counties,  cities  and  towns  corporate,  at  times 
reasonable,  he  or  they  are  hereby  authorized  and  required  to  issue 
forth  his  or  their  warrants  to  the  constables  of  their  respective 
counties,  cities  and  towns,  corporate,  to  enter  and  search  for  such 
manufactures  in  the  shops  being  open,  or  warehouses  and  dwel- 
ling houses  of  such  person  or  persons,  as  shall  be  suspected,  to 
have  any  such  foreign  bone-laces,  embroideries,  cut  work,  fringe, 
band-strings,  buttons  or  needle  work  within  their  respective  coun- 
ties, cities,  and  towns  corporate,  and  to  seize  the  same,  any  act, 
statute  or  ordinance  to  the  contrary  thereof  in  any  wise  notwith- 
standing.'' 

Another  curious  act  was  produced,  to  prove  the  legality  of  writs 
of  assistance,  though  it  was  no  more  to  the  purpose  than  all  the 
others.  I  mean  the  statute  of  the  12th  of  Charles  the  second, 
chapter  third,  ^^  An  act  for  the  continuance  of  process  and  judicial 
proceedings  continued."  in  which  it  is  enacted,  section  first, 
^^  That  no  pleas,  writs,  bills,  actions,  suits,  plaints,  process,  pre- 
cepts, or  other  thing  or  things,  4;o.  shall  be  in  any  wise  continu- 
ed," &c. 

But  I  must  refer  to  the  act.  1  cannot  transcribe.  If  any  anti- 
quarian should  hereafter  ever  wiph  to  review  this  period,  he  will 
see  with  compassion  how  such  a  genuis  as  Otis  was  compelled  to 
delve  among  the  rubbish  of  such  statutes,  to  defend  the  country 
against  the  gross  sophistry  of  the  crown  and  its  officers. 

Another  act  of  12  C.  2d,  ch.  12,  ^^  An  act  for  confirmation  of 
judicial  proceedings,"  in  which  it  is  enacted,  he.  '-^  that  nor  any 
writs,  or  actions  on,  or  returns  of  any  writs,  orders  or  other  pro- 
ceedings in  law  or  equity,  had  made,  given,  taken  or  done,  or  de- 
pending in  the  courts  of  chancery,  king's  bench,  upper  bench, 
common  pleas,  and  court  of  exchequer,  and  court  of  exchequer 
chamber,  or  any  of  them,  &c.  in  the  kingdom  of  England,  &c. 
shall  be  avoided,  &c."    I  must  refer  to  the  statute. 

In  short,  wherever  the  custom  house  officers  could  find  in  any 
statute  the  word  "  writs",  the  word  "  continued"  and  the  words 
"  court  of  exchequer,"  they  had  instructed  their  counsel  to  pro- 
duce it,  though  in  express  "  words  restricted  to  the  realm."  Mr. 
Gridley  was  incapable  of  prevaricating  or  duplicity. 

35 


us. 


,■'1 


'I'!;  • 


-•ilt 


!■:; 


v\ 


274 


1      ?'    *?  r 


It  was  a  moral  spectacle,  more  affecting  to  me  than  any  I  have 
since  seen  upon  any  stage,  to  see  a  pupil  treating  his  master  with 
all  the  deference,  respect,  esteem  and  affection  of  a  son  to  a  fath- 
er, and  that  without  the  least  affectation  ;  while  he  baffled  and 
confounded  all  his  authorities,  and  confuted  all  his  arguments  and 
reduced  him  to  silence. 

Indeed,  upon  the  principle  of  construction,  inference,  analogy, 
or  corollary,  by  which  they  extended  these  acts  to  America,  they 
might  have  extended  the  jurisdiction  of  the  court  of  king^s  bench, 
and  court  of  common  pleas,  and  all  the  sanguinary  statutes  against 
crimes  and  midemeanors,  and  all  their  church  establishment  of 
archbishops  and  bishops,  priests,  deacons,  deans  and  chapters  ; 
and  all  their  acts  of  uniformity,  and  all  their  acts  against  conven- 
ticles. 

I  have  no  hesitation  or  scruple  to  say  that  the  commencement  of 
the  reign  of  George  the  third  was  the  commencement  of  another 
•Stuart's  reign  :  and  if  it  had  not  been  checked  by  James  Otis  and 
others  first,  and  by  the  great  Chatham  and  others  afterwards,  it 
would  have  been  as  arbitrary  as  any  of  the  four.  I  will  not  say 
it  would  have  extinguished  civil  and  religious  liberty  upon  earth  ; 
but  it  would  have  gone  great  lengths  towards  it,  and  would  have 
cost  mankind  even  more  than  the  French  revolution  to  preserve 
it.  The  most  sublime,  profound  and  prophetic  expression  of 
Chatham's  oratory  that  he  ever  uttered  was,  "  I  rejoice  that 
America  has  resisted  ;  two  millions  of  people  reduced  to  servi- 
tude, would  be  fit  instruments  to  make  slaves  of  the  rest." 

Another  statute  was  produced,  12  C.  2.  cap.  19,  "  An  act  to 
prevent  frauds  and  concealments  of  his  majesty's  customs  and  sub- 
sidies." '♦  lie  it  enacted,"  &c.  "  that  if  any  person  or  persons  Sac. 
flhaU  cause  any  goods,  for  which  custom,  subsidy,  or  other  duties 
are  due  or  payable,  &,c.  to  be  landed  or  conveyed  away,  without 
due  entry  thereof  first  made  and  the  customer  or  collector,  or  his 
deputy  agreed  with  ;  that  then  and  in  such  case,  upon  oath  thereof 
made  before  the  lord  treasurer,  or  any  of  the  barons  of  the  exche- 
quer, or  chief  magistrate  of  the  port  or  place  where  the  offence 
shall  be  committed,  or  the  next  adjoining  thereto,  it  shall  be  law- 
full,  to  and  for  the  lord  treasurer,  or  any  of  the  b  irons  of  the  ex- 
chequer, or  the  chief  magistrate  of  the  port  or  place,  &c.  to  issue 
out  a  warrant  to  any  person  or  persons,  thereby  ennf)ling  him  or 
them,  with  the  assistanceof  a  sheriff,  justice  of  the  peace  o.'  con- 
stable, to  enter  into  any  house  in  the  day  time  where  nuch  goods 
are  suspected  to  be  concealed,  and  in  case  of  resistance,  to  break 
open  such  houses,  and  to  seize  and  secure  the  same  goods  so  con- 
cealed J  and  all  oificers  and  ministers  of  justice  are  hereby  requir- 
ed to  be  aiding  and  assisting  thereunto." 

Such  was  the  sophistry  ;  such  the  chicanery  of  the  officers  of 
the  crown,  and  such  their  power  of  face,  as  to  apply  these  stat- 
utes to  America  and  to  the  petition  for  writs  of  assistance  from 
the  superior  court.  JOHN  ADAMS. 


275 


y  I  have 
iter  with 
to  a  fath- 
iffled  and 
tents  and 

analogy, 
ica,  they 
's  bench, 
is  against 
hment  of 
haptcrs  ; 
:  conven- 

cment  of 
f  another 
Otis  and 
'wards,  it 
II  not  say 
m  earth ; 
luld  have 
preserve 
ession  of 
>ice  that 
to  servi- 

n  act  to 

and  sub- 

rsons  Sac. 

ir  duties 

without 

)r,  or  his 

!/i  thereof 

e  exche- 

offence 

be  Jaw- 

the  ex- 

to  issue 

him  or 

or  con- 

;h  goods 

to  break 

)  so  con- 

y  requir- 

ficers  of 
ese  stat- 
ice  from 
)AMS. 


TO  THE  HON.  WM.  TUDOR. 

Q,uiney^  July  14,  1818. 

DEAR  SIR, 

MR.  OTIS,  to  show  the  spirit  of  the  acts  of  trade,  those  1 
have  already  quoted,  as  well  as  of  those  I  shall  hereafter  quote, 
and  as  the  best  commentaries  upon  them,  produced  a  number  of 
authors  upon  trade,  and  read  passages  from  them,  which  1  shall 
recite,  without  pretending  to  remember  the  order  in  which  he 
read  them. 

1.  Sir  Josiah  Child,  "  A  new  discourse  of  trade."  Let  me 
recommend  this  old  book  to  the  perusal  of  my  inquisitive  fellow 
citizens.  A  discerning  mind  will  find  useful  observations  on  the 
interest  of  money,  the  price  of  labour,  &c.  &c.  kc.  1  would 
quote  them  all,  if  1  had  time.  But  I  will  select  one.  In  page 
16,  of  his  preface,  he  says,  "  I  understand  not  the  world  so  little, 
as  not  to  know,  that  he  that  will  faithfully  serve  his  country,  must 
be  content  to  pass  through  good  report,  and  evil  report."  1  can- 
not agree  to  that  word,  "  content.^'*  1  would  substitute  instead  of 
it,  the  words,  "  as  patient  as  he  can."  Sir  Josiah  adds,  "  neither 
regard  I,  which  1  meet  with."  This  is  too  cavalierly  »>oken.  It 
is  not  sound  philosophy.  Sir  Joshua  proceeds  :  ''Truth  I  am 
sure  at  last  will  vindicate  itself,  and  be  found  by  my  countrymen." 
Amen  !  So  be  it !  I  wish  I  could  believe  it. 

But  it  is  high  time  for  me  to  return  from  this  ramble  to  Mr. 
Otis^s  quotations  from  Sir  Joshua  Child,  whose  chapter  four,  page 
105,  is  "'  concerning  the  act  of  navigation."  Probably  this  knight 
was  one  of  the  most  active  and  able  inflamers  of  the  national  pride 
in  their  navy  and  their  commerce,  and  one  of  the  principal  pro- 
moters of  that  enthusiasm  for  the  act  of  navigation,  which  has 
prevailed  to  this  day.  F'or  this  work  was  written  about  the  year 
1677,  near  the  period  when  the  court  of  Charles  2d.  began  to 
urge  and  insist  on  the  strict  execution  of  the  act  of  navigation. 
Such  pride  in  that  statute  did  not  become  Charles,  his  court  orhiq 
nation  of  royalists  and  loyalists,  at  that  time.  For  shall  I  blush, 
or  shall  I  boast,  when  I  remember,  that  this  act  was  not  the  in> 
vention  of  a  Briton,  but  of  an  American.  George  Downing,  a 
native  of  New  England,  educated  at  Harviirrl  College,  whose 
name,  ofiice,  and  title  appear  in  thoir  catalotfue,  went  to  Eng- 
land in  the  time  of  lord  Clarendon's  civil  wars,  and  became  such 
a  favourite  of  Cromwell  and  the  ruling  powers  that  he  was  sent 
ambassador  to  Holland.  He  was  not  only  not  received,  but  ill 
treated,  which  he  resented  on  his  return  to  England,  by  proposing 
an  act  of  navigation,  which  was  adopted,  and  has  ruined  Holland, 
and  would  have  ruined  America,  if  she  had  not  resisted. 

To  borrow  the  language  of  the  great  Dr.  Johnson,  this  '  Dog" 
Downing  must  have  had  a  head  and  brains,  or  in  other  words, 
genius  and  address  •  but  if  we  may  believe  history,  he  wa«  a  scour*' 


i3>     • 


$ 


276 


(Irel.  To  ingratiate  himseir  with  Charles  2d.  he  probably  not 
only  pleaded  his  merit  in  inventing  the  navigation  act,  but  he  be> 
trayed  to  the  block  some  of  his  old  republican  and  revolutionary 
friends. 

George  Downing !  Far  from  boasting  of  thee  as  my  countryman, 
or  of  thy  statute  as  an  American  invention ;  if  it  were  lawful  to 
wish  for  any  thing  past,  that  has  not  happened,  1  should  wish  that 
thou  hadst  been  hanged,  drawn,  and  quartered,  instead  of  Hugh 
Peters,  and  Sir  Henry  Vane.  But  no !  This  is  too  cruel  for  my 
nature  i  I  rather  wish,  that  thou  hadst  been  obliged  to  fly  with  thy 
project,  and  report  among  the  rocks  and  caves  of  the  mountains  in 
New  England. 

But  where  is  Downing^s  statute  ?  British  policy  has  suppress- 
ed all  the  laws  of  England,  from  1648  to  1660.  The  statute 
book  contains  not  one  line.     Such  are  records,  and  such  is  history. 

The  nation,  it  seems,  was  not  unanimous  in  its  approbation  of 
this  statute.  The  great  knight  himself  informs  us,  page  105, 
*^  that  some  wise  and  honest  gentlemen  and  merchants  doubted 
whether  the  inconveniences  it  has  brought  with  it  be  not  greater 
than  the  conveniences.''  This  chapter  was,  therefore,  written  to 
answer  all  objections  ;  and  vindicate  and  justify  Downing's  statute. 

Mr.  Otis  cast  an  eye  over  this  chapter,  and  adverted  to  such 
•bservations  in  it,  as  tendnd  to  show  the  spirit  of  the  writer,  and 
of  the  statute ;  which  might  be  summed  up  in  this  comprehen- 
sive Machiavelian  principle,  that  earth,  air,  and  seas,  all  colonies 
and  all  nations  were  to  be  made  subservient  to  the  growth,  grandeur 
and  power  of  the  British  navtf. 

And  thus,  truly,  it  happened.  The  two  great  knights,  Sir 
George  Downing,  and  Sir  Josiah  Childymust  be  acknowledged  to 
have  been  great  politicians  ! 

Mr.  Otis  proceeded  to  chapter  10,  of  this  work,  page  166, 
**  concerning  plantations."  And  he  paused  at  the  6th  proposition, 
in  page  167,  ^^  That  all  colonies  and  plantations,  do  endamage 
their  mother  kingdoms,  whereof  the  trades  of  such  plantations 
are  not  confined  by  severe  laws,  and  good  executions  of  those 
laws,  to  the  mother  kingdom.'' 

Mr.  Otis  then  proceeded  to  seize  the  key  to  the  whole  riddle, 
in  page  168,  proposition  eleventh,  *'  that  JVew  England  is  the  most 
prejudicial  plantation  to  the  kingdom  of  England,"  Sir  George 
Downing,  no  doubt,  said  the  same  to  Charles  2d. 

Otis  proceeded  to  page  1 70,  near  the  bottom,  ^^  we  must  consider 
what  kind  of  people  they  were  and  are  that  have  and  do  transport 
themselves  to  our  foreign  plantations.^''  New  England,  as  every  one 
knows,  was  originally  inhabited,  and  hath  since  been  successively 
replenished  by  a  sort  of  people  called  Puritans,  who  could  not 
conform  to  the  ecclesiastical  laws  of  England  ;  but  being  wearied 
with  church  censures  and  persecutions,  were  forced  to  quit  their 
fathers'  land,  to  find  out  new  habitations,  as  many  of  them  did  in 
Germar^  and  Holland,  as  well  as  at  New  England ;  and  had  there 


277 


fably  not 
It  he  be> 
lUtionary 

otryman. 
lawful  to 
viah  that 
of  Hugh 
il  for  my 
with  thy 
intains  in 

iuppresft- 
e  statute 
9  history, 
bation  of 
age  105, 

I  doubted 
t  greater 
vritten  to 
s  statute, 
d  to  such 
riter,  and 
nprehen- 

II  colonies 
grandeur 

ghts,  Sir 
edged  to 

»age  166t 
>positioD, 
ndamnge 
antations 
of  those 

I  riddle, 

the  most 
r  George 

( consider 
transport 
very  one 
cessively 
:ould  not 
wearied 
uit  their 
m  did  in 
ad  there 


n«t  h^en  a  New  England  found  for  some  of  them,  Gormnny  and 
Holland  probably  had  received  the  rest  :  but  Old  England,  to  hn 
sure,  would  have  lost  them  all. 

"  Virginia  and  Barbadoes  were  first  peopled  by  a  sort  of  loose, 
vagrant  people,  vicious,  and  destitute  of  the  means  to  live  at  home, 
(being  either  unfit  for  labour,  or  such  as  could  find  none  to  cm- 
ploy  themselves  about,  or  had  so  misbehaved  themselves  by  whor- 
ing, thieving,  or  other  debauchery,  that  none  would  set  them  al 
work)  which  merchants  and  masters  of  ship%,  by  their  agont<<, 
(or  spirits,  as  they  were  called)  gathered  up  about  the  streets  ot 
London,  and  other  places,  clothed  and  transported,  to  be  employ- 
ed upon  plantations  ;  and  these  I  say,  were  such  as,  had  there  been 
no  English  foreign  plantation  in  the  world,  could  probably  never 
have  lived  at  home,  to  do  service  for  their  country,  but  must  havp 
come  to  be  hanged,  or  starved,  or  died  untimely  of  some  of  those 
miserable  diseases,  that  proceed  from  want  and  vice  ;  or  else  havr 
sold  themselves  for  soldiers,  to  be  knocked  on  the  head,  or  starv- 
ed in  the  quarrels  of  our  neighbours,  ns  many  thousands  of  bravtf 
Englishmen  were  in  the  low  countries,  as  also  in  the  wars  of  Ger- 
many, France,  and  Sweden,  &c.  or  else,  if  they  could  by  begging 
or  otherwise,  arrive  to  the  stock  of  2s.  6d.  to  waft  them  over  to 
Holland,  become  servants  to  the  Dutch,  who  refuse  none. 

"  But  the  principal  growth  and  increase  of  the  aforesaid  plan- 
tations of  Virginia  and  Barbadoes,  happened  in,  or  immediately 
after,  our  late  civil  wars,  when  the  worsted  party,  by  the  fate  of 
war,  being  deprived  of  their  estates,  and  having,  some  of  them, 
never  been  bred  to  labour,  and  others  of  them  made  unfit  for  it  by 
the  lazy  habit  of  a  soldier's  life,  their  wanting  means  to  maintain 
them  all  abroad,  with  his  majesty,  many  of  them  betook  them> 
selves  to  the  aforesaid  plantations  ;  and  great  numbers  of  Scotch 
soldiers  of  his  majesty's  army,  after  Worcester  fight,  were  by  the 
then  prevailing  powers  voluntarily  sent  thither. 

"  Another  great  swarm  or  accession  of  the  new  inhabitants  t« 
the  aforesaid  plantations,  as  also  to  New  England,  Jamaica,  and 
all  other  his  majesty's  plantations  in  the  West  Indies,  ensued  UMon 
his  majesty's  restoration,  when  the  former  prevailing  party  bciii^- 
by  a  divine  hand  of  providence  brought  andcr,  tUe  annv  dislmiuiod, 
many  officers  displaced,  and  all  the  new  ,'urchasers  of  public  titlcH 
dispossessed  of  their  pretended  lands,  'states,  Ulc.  many  became 
impoverished,  and  destitute  of  empl'^^  inont;  and  therefore  such 
as  could  find  no  way  of  living  at  home,  ao'^  some  who  feared  the 
re-establishment  of  the  ecclesiastical  laws,  m\  tr  which  tlicy  coulil 
not  live,  were  forced  to  transport  themselves,  or  soil  themselves 
for  a  few  years,  to  be  transported  by  others,  o  the  foreign  Eng- 
lish plantations.  The  constant  supply,  that  the  said  plantations 
have  since  had,  hath  been  such  vagrant,  loose  people,  as  I  have 
before  mentioned,  picked  up  especially  about  the  streets  of  Lon- 
don and  Westminster,  and  malefactors  condemned  for  crimes,  for 
which  by  law  they  deserved  to  die ;  and  some  of  those  people 


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278 


called  quakers,  banished  for  meeting  on  pretence  of  religioas 
norship. 

"  Now,  if  frona  the  premises  it  be  duly  considered,  nhat  kind  of 
persons  those  have  been,  by  whom  our  plantations  have  at  all 
fimes  been  replenished,  I  suppose  it  will  appear,  that  such  they 
have  been,  and  under  such  circumstances,  that  if  his  majesty  had 
had  no  foreign  plantations  to  which  they  might  have  resorted, 
I'^^ngland,  however,  must  have  lost  them  " 

Any  man,  who  will  consider  with  attention  these  passages  from 
yir  Josiah  Child,  may  conjecture  what  Mr.  Otis's  observations  up- 
<m  them  were.  As  1  cannot  pretend  to  remember  them  verbatim, 
and  with  precision,  I  can  only  say,  that  they  struck  rue  very  for- 
cibly. They  were  short,  rapid  ;  he  had  not  time  to  be  long :  but 
Tacitus  himself  could  not  express  more  in  fewer  words.  My  only 
fear  is,  that  I  cannot  do  him  justice. 

In  the  first  place,  there  is  a  great  deal  of  true  history  in  this 
passage,  which  manifestly  proves,  that  the  emigrants  to  America, 
in  general,  were  not  only  as  good  as  the  people  in  general, 
whom  they  left  in  England,  but  much  better,  more  courageous, 
more  enterprizing,  more  temperate,  more  discreet,  and  more  in- 
dustrious, frugal,  and  conscientious :  I  mean  the  royalists  as  well 
as  the  republicans. 

In  the  second  place,  there  is  a  great  deal  of  uncandid,  ungen- 
«;rous  misrepresentations,  and  scurrilous  exaggeration,  in  this  pas- 
sage of  the  great  knight,  which  prove  him  to  have  been  a  fit  tool 
of  Charles  2d.  and  a  suitable  companion,  associate  and  friend  cf 
the  great  knight.  Sir  George  Downing,  the  second  scholar  in  Har- 
vard College  catalogue. 

But  1  will  leave  you,  Mr.  Tudor,  to  make  your  own  observa- 
tions and  reflections  upm  these  pages  of  Sir  Josiah  Child. 

Mr.  Otis  read  them  with  great  reluctance ;  but  he  felt  it  his 
fluty  to  read  them,  in  order  to  show  the  spirit  of  the  author,  and 
the  spirit  of  Sir  George  Downing's  navigation  act. 

But,  my  friend,  I  am  weary.  I  have  not  done  with  Mr.  Otis  or 
Sir  Josiah  Child.     I  must  postpone,  to  another  letter  from  your 


iViend, 


JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 

Qumc4/,  July  17,  1818. 
DEAR  sni, 

Mr.  Otis  proceeded  to  page  198,  of  this  great  work  of  the 
great  knight,  sir  Josiah  Child. 

Proposition  eleventh,  "  That  New  England  is  the  most  preju- 
dicial plantation  in  this  kingdom." 

"  I  am  now  to  write  of  a  people  whose  frugality,  industry  and 
lemperanrp.  and  the  happiness  of  whose  laws  and  institutions  do 


279 


♦:  1 '  • 


religioas 

at  kind  of 
nve  at  all 
such  they 
tjesty  had 
resorted, 

ages  from 
atipns  up- 
verbatim, 
very  for- 
long :  but 
My  only 

ory  in  this 
>  America, 
I  general, 
>urageous, 
d  more  in- 
sts  as  well 

lid,  ungen- 
n  this  pas- 
n  a  fit  tool 
d  friend  of 
ar  in  Har- 

1  observa- 
ild. 

felt  it  his 
uthor,  and 

Ir.  Otis  or 
from  your 
lDAMS. 


7,  1818. 

ork  of  the 

lost  preju- 

lustry  and 
tutions  do 


promise  to  themselves  long  life,  with  a  wonderful  increase  of  peo- 
ple, riches  and  power :  and  although  no  men  ought  to  envy  that 
virtue  and  wisdom  in  others,  which  themselves  either  cannot  or 
will  not  practice,  but  rather  to  command  and  admire  it  ;  yet  I 
think  it  the  duty  of  every  good  man  primarily  to  respect  the  wel- 
fare of  his  native  country  ;  and  therefore,  though  1  ma^'  olTcnd 
some  whom  I  would  not  willingly  displease,  I  cannot  omit,  in  the 
progress  of  this  discourse,  to  take  notice  of  some  particulars, 
wherein  Old  England  suffers  diminution  by  the  growth  of  those 
colonies  settled  in  New  England,  and  how  that  plantation  differs 
from  those  more  southerly,  with  respect  to  the  gain  or  loss  of  this 
kingdom,  viz. 

"  All  our  American  plantations,  except  that  of  New  England, 
produce  commodities  of  different  natures  from  those  of  this  king- 
dom, as  sugar,  tobacco,  cocoa,  wool,  ginger,  sundry  sorts  of  dying 
woods,  oic.  Whereas,  New  England  produces  generally  the  same 
we  have  here,  viz :  corn  and  cattle  :  some  quantity  of  lish  they 
do  likewise  kill,  but  that  is  taken  and  saved  altogether  by  their 
inhabitants,  which  prejudiceth  our  Newfoundland  trade  ;  whereas, 
as  hath  been  said,  very  few  are  or  ought,  according  to  prudence, 
be  employed  in  those  fisheries  but  the  inhabitants  of  Old  England. 
The  other  commodities  we  have  from  them  are  some  few  great 
masts,  furs,  and  train  oil,  whereof  the  yearly  value  amounts  to  very 
little,  the  much  greater  value  of  returns  from  thence  being  made 
in  sugar,  cotton,  wool,  tobacco,  and  such  like  commodities,  which 
they  first  receive  from  some  other  of  tiis  m;ijesty's  plantations  in 
barter  for  dry  cod  fish,  salt  mackerel,  beef,  pork,  bread,  beer, 
flour,  peas,  &c.  which  they  supply  Barbadoes,  Jamaica,  &c.  with, 
to  the  diminution  of  the  vent  of  those  commodities  from  this  king- 
dom ;  the  greatest  expense  whereof  in  our  West  India  plantations 
would  soon  be  found  in  the  advance  of  the  value  of  our  lands  in 
England,  were  it  not  for  the  vast  and  almost  incredible  supplies 
those  colonies  have  from  New  England. 

"2.  The  people  of  New  England,  by  virtue  of  their  primitive 
charters,  being  not  so  strictly  tied  to  the  observation  of  the  laws 
of  this  kingdom,  do  sometimes  assume  a  liberty  of  trading,  contra- 
ry to  the  act  of  navigation,  by  reason  whereof  many  of  our  Amer- 
ican commodities,  especially  tobacco  and  s>igar,  are  transported  in 
New  England  shipping  directly  into  Spain  and  other  foreign  coun- 
tries, without  being  landed  in  England,  or  paying  any  duty  to  his 
majesty,  which  is  not  only  loss  to  the  king,  and  a  prejudice  to  the 
navigation  of  Old  England,  but  also  a  total  exclusion  of  the  old 
English  merchants  from  the  vent  of  those  commodities  in  those 
ports  where  the  new  English  vessels  trade  ;  because  there  being 
no  custom  paid  on  those  commodities  in  New  England,  and  a  great 
custom  paid  upon  them  in  Old  England,  it  must  necessarily  follow 
that  the  New  English  merchant  will  be  able  to  afford  his  commo- 
dities much  cheaper  at  the  market,  than  the  Old  English  merchant : 
and  those  that  can  sell  cheapest,  will  infallibly  engross  the  whole 
trade,  sooner  or  later. 


A!. 


m 


It  j' 


•  1  ,  ' 


■'■  a.' 


M 


^if 


280 


"  3.  Of  all  the  American  plantations,  his  majesty  hath  nene,  eo 
apt  for  the  building  of  shipping  as  New  England,  nor  none  so  com- 
parably qualified  for  breeding  of  seamen,  not  only  by  reason  of  the 
natural  industry  of  that  people,  but  principally  by  reason  of  their 
cod  and  mackerel  fisheries :  and  in  my  poor  opinion,  there  is  noth- 
ing more  prejudicial,  and  in  prospect  more  dangerous  to  any  moth- 
er kingdom,  than  the  increase  of  shipping  in  her  colonies,  planta- 
tions and  provinces." 

"  4.  The  people  that  evacuate  from  us  to  Barbadoes,  and  the 
other  West  India  plantations,  as  was  hinted,  do  commonly  work 
one  Englishman  to  ten  blacks  ;  and  if  we  kept  the  trade  of  our 
said  plantation  entirely  to  England,  England  would  have  no  less 
inhabitants,  but  rather  an  increase  of  people  by  such  evacuation; 
because  that  one  Englishman,  with  the  ten  blacks  that  work  with 
hiin,  accounting  what  thej'  eat,  use,  and  wear,  would  make  em- 
ployment for  four  men  in  England,  as  was  said  before  ;  whereas, 
peradventure,  of  ten  men  that  issue  from  us  to  New  England. 

"  To  conclude  this  chapter,  and  to  do  right  to  that  most  indus- 
trious English  colony ;  I  must  confess,  that  though  we  lose  by 
their  unlimited  trade  with  our  foreign  plantations,  yet  we  are  very 
great  gainers  by  their  direct  trade  to  and  from  Old  England  :  our 
yearly  exportations  of  English  manufactures,malt,  and  other  goods, 
from  hence  thither,  amounting  in  my  opinion  to  ten  times  the  value 
of  what  is  imported  from  thence  ;  which  calculation  I  do  not  make 
at  random,  but  «ipon  mature  consideration,  and  peradventure  up- 
on as  much  experience  in  this  very  trade  as  any  other  person 
will  pretend  to  :  and  thereibre,  whenever  a  reformation  of  our 
correspondency  in  trade  with  that  people  shall  be  thought  on, 
it  will  in  my  poor  judgment  require  great  tenderness  and  very 
serious  circumspection." 

Mr.  Otis's  humour  and  satire  were  not  idle  upon  this  occasion, 
but  his  wit  served  only  to  increase  the  effect  of  a  subsequent,  very 
grave  and  serious  remonstrance  and  invective  against  the  detesta- 
ble principles  of  the  foregoing  passages,  which  he  read  with  re- 
gret, but  which  it  was  his  duty  to  read,  in  order  to  shew  the  tem- 
per, the  views  and  the  objects  of  the  knight,  which  were  the  same 
with  those  of  all  the  acts  of  trade  anterior  and  posterior,  to  the 
writing  of  this  book :  and  those  views,  designs  and  objects  were,  to 
annul  all  the  New  England  charters,  and  they  were  but  three, 
Massachusetts,  Rhode  Island  and  Gonnnecticut ;  to  reduce  all  the 
colonies  to  royal  governments,  to  subject  them  all  to  the  supreme 
doniinatioii  of  parliament,  who  were  to  tax  us,  without  limitation, 
^vho  would  tax  us  whenever  the  crown  would  recommend  it, which 
crown  would  recommend  it,  whenever  the  ministry  for  the  time 
being  should  please,  and  which  ministry  would  please  as  often  as 
the  West  India  planters  and  North  American  governors,  crown 
ofticers  and  naval  commanders  should  solicit  more  fees,  salaries, 
penalties  and  forfeitures. 

Mr.  Otis  had  no  thanks  for  the  knight  for  his  pharisaical  com- 
pliment to  New  England,  at  the  cxpeHse  of  Virginia  and  other  cole- 


i-'' 


nane,  eo 
J  so  com- 
lonof  the 
of  their 
e  is  noth- 
iny  moth- 
s,  planta- 

and  the 
nly  work 
cle  of  our 
;  no  less 
acuation ; 
rork  with 
nake  em- 

whereas, 
land. 

lost  indufi- 
re  lose  by 
e  are  very 
land  :  our 
her  goods, 
i  the  value 
3  not  make 
enture  up- 
her  person 
on  of  our 
bought  on, 
8  and  very 

occasion, 
uent,  very 
le  detesta- 
with  rc- 
the  tem- 
the  same 
ior,  to  the 
ts  were,  to 
)ut  three, 
ice  all  the 
supreme 
imitation, 
d  it,which 
the  time 
is  often  as 
ors,  crown 
3,  salaries, 

aical  com- 
)ther  cole- 


W 


281 

hies  who  for  any  thing  he  knew  were  equally  meritorious.  It 
was  certain  the  first  settlers  of  New  England  were  not  all  godly. 
But  he  reprotated  in  thp  strongest  terms  that  language  can  com- 
mand, the  machiaviiian,  the  Jesuitical,  the  diaboliciil  and  infernal 
principle  that  men,  colonies  and  nations  were  to  be  sacrificed,  be- 
cause they  were  industrious  and  frugal,  wise  and  virtuous,  while 
others  were  to  be  encouraged,  fostered  and  cherished,  because 
they  were  pretended  to  be  profligate,  vicious  and  lazy. 

But,  my  friend,  I  must  quit  .Tosiah  Child,  and  look  for  others  of 
Mr.  Otis's  authorities. 

JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 

Qtttnci/,  Jul}/  27,   1818. 

BEAR  SIR, 

ANOTHER  author  produced  by  Mr.  Otis  was,  "  The  trade 
and  navigation  of  Great  Britain  considered,"  by  Joshua  Gee.  "  A 
new  edition,  with  many  interesting  notes  and  additions  by  a  mer- 
chant," printed  in  1767.  This  new  edition,  which  was  printed  no 
doubt  to  justify  the  ministry  in  the  system  they  were  then  pursu- 
mg,  could  not  be  the  edition  that  Mr.  Otis  produced  in  1761.  The 
advertisement  of  the  editor  informs  us  that  "  This  valuable  trea- 
tise has  for  many  years  been  very  scarce,  though  strongly  recom- 
mended by  the  best  judges  and  writers  on  trade,  and  universally 
allowed  to  be  one  of  the  most  interesting  books  on  that  subject." 
"  The  principles  upon  which  it  was  written  continue,  with  little 
tariation."  But  1  am  fatigued  with  quotations,  and  must  refer 
you  to  the  advertisement  in  the  book,which  will  shew,past  a  doubt, 
that  this  was  a  ministerial  republication.  The  "  feelings,  the 
manners  and  principles,"  which  produced  thf;  revolution,  will  be 
excited  and  renovated  by  the  perusiil  of  ^his  book,  as  much  as  by 
that  of  sir  Josiah  Child.  I  wish  I  co'i!.!  fill  sheets  of  paper  with 
quotations  from  it ;  but  this  is  impossible.  If  1  recommend  it  to 
the  research,  and  perusal,  and  patient  thinkiug  of  the  present  gen- 
eration,  it  is  in  despair  of  being  regarded.  For  who  will  engage 
in  this  dry,  dull  study  ?  Yet  Mr.  Otis  laboured  in  it.  He  assert'jd 
and  proved,  that  it  was  only  a  reinforcement  of  the  system  of  sir 
Josiah  Child,  which  Gee  approved  in  all  things,  and  even  quoted 
with  approbation  the  most  offensive  passage  in  his  book,  the  scur- 
rilous reflections  on  Virginia  and  Barbadoes. 

Another  writer  produced  by  Mr.  Otis  was  "  Memoirs  and  consid- 
erations, concerning  ihe  trade  and  revenues  of  the  British  colo- 
nies in  America  ;  with  proposals  for  rendering  those  colonies  more 
beneficial  to  Great  Britain.     By  John  Ashley,  Esq." 

This  book  is  in  the  same  spirit  luul  systpni  of  Josiah  Child  and 

Joshua  Gee . 

36 


lyi 


'-'^^ 


282 


Mr.  Otis  also  (luoted  Postleihvvait.     But  I  can  quote  no  more. 

If  any  man  of  the  present  age  can  read  these  authors  and  not 
feel  his  "  feelings,  manners  and  principles,"  shocked  and  insulted, 
1  know  not  of  what  stuff  he  is  made.  All  I  can  say  is,  that  1  read 
them  all  in  my  youth,  and  that  I  never  read  them  without  being 
set  on  tire. 

I  will,  however,  transcribe  one  passage  from  Ashley,  painful  as 
it  is.  In  page  41,  he  says,  "  The  laws  now  in  being,  for  the  reg- 
ulation of  the  plantation  trade,  viz*  the  14  of  Charles  the  second, 
ch.  II.  sec.  2,  3,  9,  10  ;  7  and  8  William  III.  ch.  22.  sec.  5,  6  ;  6 
George  II.  ch.  13,  are  very  well  calculated,  and  were  they  put  in 
execution  as  they  ought  to  be,  would  in  a  great  measure  put  an 
end  to  the  mischiefs  here  complained  of.  If  the  several  officers  of 
the  customs  would  see  that  all  entries  of  sugar,  rum  and  molasses, 
were  made  conformable  to  the  directions  of  those  laws  ;  and  let 
every  entry  of  such  goods  distinguish  expressly,  what  are  of  Brit- 
ish growth  and  produce,  and  what  are  of  foreign  growth  and  pro- 
duce ;  and  let  the  whole  cargo  of  sugar,  penneles,  rum,  spirits, 
molasses  and  syrup,  be  inserted  at  large  in  the  manifest  and  clear- 
ance of  every  ship  or  vessel,  under  office  seal,  or  be  liable  to  the 
same  duties  and  penalties  as  such  goods  of  foreign  growth  are  lia- 
ble to. 

"  This  would  very  much  baulk  the  progress  of  those  who  carry 
on  this  illicit  trade,  and  be  agreeable  and  advantageous  to  all  fair 
traders. 

"  And  all  masters  and  skippers  of  boats  in  all  the  plantations, 
should  give  some  reasonable  security,  not  to  take  in  any  such  good* 
of  foreign  growth,  from  any  vessel  not  duly  entered  at  the  custom- 
house, in  order  to  land  the  same,  or  put  the  same  on  board  any 
other  ship  or  vessel,  without  a  warrant  or  sufferance  from  a  prop- 
er officer." 

But  you  will  be  fatigued  with  quotations,  and  so  is  your  friend, 

JOHN  ADAMS. 


■•('■ 


B  1-   V*   ...    "■  ■ 

I     7  ■    I    '       *    ■ 


TO  THE  HON.  WM.  TUDOR. 


Quincy,  July  30,  1818 


DEAR    SIR 


ANOTHER  passage  which  Mr.  Otis  read  from  Ashley  gave 
occasion,  as  1  suppose,  to  another  memorable  and  verj'  curious 
event,  wiiich  your  esteemed  pupil  and  my  beloved  friend  judge 
Minot  has  recorded. 

The  passage  is  in  the  42d  page.  "  In  fine,  I  would  humbly  pro- 
pose that  the  duties  on  foreign  sugar  and  rum  imposed  by  the  be- 
fore mentioned  act  of  the  6th  of  king  George  the  second,  remain  as 
they  are,  and  also  the  duty  on  molasses,  so  far  as  concerns  the  im- 
portations into  the  sugar  colonies  ;  but  that  there  be  an  abatement 


ir> 


more, 
and  not 
insulted, 
it  I  read 
ut  being 

ainful  as 
the  reg- 
;  second, 
.  3,  6;  6 
!y  put  in 
e  put  an 
)[1icers  of 
molasses, 
;  and  let 
e  of  Brit- 
and  pro- 
n,  spirits, 
and  clear- 
ble  to  the 
hi  are  lia- 

^ho  carry 
to  all  fair 

lantations, 
uch  good* 
le  custom- 
board  any 
»m  a  prop- 

ir  friend, 
DAMS. 


0,  1818 

ihley  gave 
ry  curious 
lend  judge 

umbly  pro- 
by  the  be- 
remain  as 
rns  the  iin- 
abatemenl 


283 


of  the  duty  on  molasses  imported  into  the  northern  colonies,  so 
far  as  to  give  the  British  planters  a  reasonable  advantage  over 
foreigners,  and  what  may  bear  some  proportion  to  the  charge, 
risque  and  inconvenience  of  running  it,  in  tlie  manner  they  now  do, 
or  after  the  proposed  regulation  shall  be  put  in  execution  :  wheth- 
er this  duty  shall  be  one,  two  or  three  pence,  sterling  money  of 
Great  Britain  per  gallon,  may  be  matter  of  consideration."  Gra- 
cious and  merciful  indeed  !  The  tax  might  be  reduced  and  made 
supportable,  but  not  abolished.     Oh  !  No  !  by  no  means. 

Mr.  Hutchinson,  however,  seized  this  idea  of  Ashley,  of  redu- 
cing the  tax  on  molasses,  from  six  pence  to  three  pence  or  two 
pence  or  a  penny,  and  the  use  he  made  of  it  you  shall  learn  from 
your  own  pupil  and  my  amiable  friend  judge  Minot. 

Volume  2d.  page  142.  "  About  this  time  there  was  a  pause  in 
the  opposition  to  the  measures  of  the  crown  and  parliament,  which 
might  have  given  some  appearance  of  the  conciliation  of  parties, 
but  which  was  more  probably  owing  to  the  uncertainty  of  the 
eventual  plan  of  the  ministry,  and  the  proper  ground  for  counter- 
acting it.  The  suppressing  of  the  proposed  instructions  to  the 
agent  by  a  committee  of  the  house  of  representatives,  indicated 
that  this  balance  of  power  there  was  unsettled.  Several  circum- 
stances shewed  a  less  inflexible  spirit,  than  had  existed  among  the 
leaders." 

"  The  governor  appointed  the  elder  Mr.  Otis  a  justice  of  the 
coui't  of  common  pleas,  ana  judge  of  probate  for  the  county  of 
Barnstable.  The  younger  wrote  a  pamphlet  on  the  rights  of  the 
British  colonies,  in  which  he  acknowledged  the  sovereignty  of  the 
British  parliament,  as  well  as  the  obligations  of  the  colonies  to 
submit  to  such  burdens  as  it  might  lay  upon  them,  until  it  should 
be  pleased  to  relieve  them  ;  and  put  the  question  of  taxing  Amer- 
ica upon  the  footing  of  the  common  good." 

I  beg  your  attention  to  Mr.  Minot's  history,  vol.  2,  from  page 
140  to  the  end  of  the  chapter  in  page  152.  Mr.  Minot  has  en- 
deavoured to  preserve  the  dignity,  the  impartiality  and  the  deli- 
cacy of  history.  But  it  was  a  period  of  mingled  glory  and  disgrace. 
But  as  it  is  a  digression  from  the  subject  of  Mr.  Otis's  speech 
against  writs  of  assistance,  1  can  pursue  it  no  further  at  present. 
Mr.  Hutchinson  seized  the  idea  of  reducing  the  duiies.  Mr.  Otis 
and  his  associates  seemed  to  despair  of  any  thing  mere.  Hutch- 
inson was  chosen  agent,  to  the  utter  astonishment  of  every  Amer- 
ican out  of  doors.  This  was  committing  the  lamb  to  the  kind  guar- 
dianship of  the  wolf.  The  public  opinion  of  all  the  friends  of  their 
country  was  decided.  The  public  voice  was  pronounced  in  ac- 
cents so  terrible  that  Mr.  Otis  fell  into  a  disgrace  from  which 
nothing  but  Jemmibullero*  ssi\ed  him.  Mr.  Hutchinson  was  polite- 
ly excused  from  his  embassy,  and  the  storm  blew  over.  Otis,  upon 

*  Jemmibullero — This  was  a  silly  and  abusive  soug,  written  by  a  Mr.  S.  Wa- 
terhouse,  a  stanch  t»ry  ;  but  with  so  little  wit,  that  it  only  espoied  the  writer 
to  contennpt. 


1     M: 

I  I  i 


lit')''- 


:li!iJ 


■m 


284 


whose  zeal,  energy,  and  exertions  the  whole  great  cuwc  seemed 
to  depend,  returned  to  his  duty,  and  gave  entire  satisfaction  to  the 
end  of  his  political  career. 

Thus  ended  the  piddling  project  of  reducing  the  duty  on  molas- 
ses from  six  pence  a  gallon,  to  five  pence,  four  pence,  three  pence, 
two  pence  or  a  penny.  And  one  halfpenny  a  gallon,  would  have 
abitndonod  the  groat  principle,  as  much  as  one  pound. 

This  is  another  digression  from  the  account  of  Mr.  Otis's  argu- 
ment against  writs  of  assistance  and  the  act ;  of  trade.  I  have 
heretofore  written  you  on  this  subject.  The  truth,  the  whole 
truth,  must  and  will  and  ought  to  come  out ;  and  nothing  but  the 
truth  shall  appear,  with  the  consent  of  your  humble  servant, 

JOHN  ADAMS. 


m 


m'.^'A 


1i  i  V^^ 


TO  THE  HON.  WM.  TUDOR. 

Quinci/,  August  6,  1818. 

"  Mid  ike  low  murmurs  of  submission,  fear  and  mingled  rage f  my 
llairtpden  raised  his  Toice,  and  to  the  la-ws  appealed,'''' 

DEAK  sm, 

MR.  OTIS  had  reasoned  like  a  philosopher  upon  the  navii^ation 
acts,  and  all  the  tyrannical  acts  of  Charles  2d.  ;  but  when  he 
came  to  the  revenue  laws,  the  orator  blazed  out.  Poor  king 
William !  If  thy  spirit,  whether  in  heaven  or  elsewhere,  heard 
James  Otis,  it  must  have  blushed.  A  stadtholder  of  Holland,  by 
accident,  or  by  miracle,  vested  with  a  little  brief  authority,  in  Eng- 
land, cordially  adopting  the  system  of  George  Downing,  Josiah 
Child,  and  Charles  2d.  for  the  total  destruction  of  that  country  to 
which  he  owed  his  existence,  and  all  his  power  and  importance 
in  the  world.  And,  what  was  still  worse,  joining  in  the  conspi- 
racy, with  such  worthy  characters  to  enslave  all  the  colonies  in 
Europe,  Asia,  and  America  ;  and  indeed  all  nations,  to  the  omnip- 
otence of  the  British  parliament,  and  its  Royal  navy. 

The  act  of  parliament  of  the  seventh  and  eighth  of  king  Wil- 
liam  3d.  was  produced,  chapter  22d.  "  An  act  for  preventing 
frauds,  and  regulating  abuses  in  the  plantation  trade."  I  wish  I 
could  transcribe  this  whole  statute,  and  that  which  precedes  it : 
*'  An  act  for  the  encouragement  of  seamen,"  but  whc  would  read 
them  ?  Yet  it  behoves  our  young  and  old  yeomen,  mechanics, 
and  labourers,  philosophers,  politicians,  legislators,  and  merchants 
to  read  them.  However  tedious  and  painful  it  may  be  for  you 
to  read,  or  me  to  transcribe,  any  part  of  these  dull  statutes,  we 
must  endure  the  task,  or  we  shall  never  understand  the  American 
revolution.  Recollect  and  listen  to  the  preamble  of  this  statute, 
of  the  7th  and  8th  of  William  3d.  chapter  22d. 


285 


W 


seemed 
n  to  the 

1  molas- 
B  pence, 
lid  have 

j's  argu- 
I    have 

e  whole 
but  the 

fint, 

)AMS. 


1818. 
ragCy  ?ny 


avii^ation 

vvhea  he 

[oor  king 

heard 

and,  by 

in  Eng- 

Josiah 

ountry  to 

portance 

conspi- 

onies  ia 

le  omnip- 

dng  Wil- 
e  venting 

I  wish  I 
cedes  it : 

uld  read 
echanics, 
erchants 

for  you 
utes,  we 
American 
i  statute^ 


'•  Whereas,  notwithstanding  diverse  acts  made  for  the  encourage- 
ment of  the  navigation  of  this  kingdom,  and  fcr  the  better  securing 
and  regulating  the  plantation  trade,  more  especially  one  act  of 
parliament  made  in  the  1 2th  year  of  the  reign  of  the  late  king 
Charles  2d,  intituled,  an  act  for  the  increasing  of  shipping  and 
navigation.  Another  act  made  in  the  15th  year  of  the  reign  of 
liis  said  late  majesty,  intituled  an  act  for  the  encouragement  of 
trade.  Another  act  made  in  the  22d  and  23d  years  of  his  said 
late  majesty's  reign,  intituled,  an  act  to  prevent  the  planting  of 
tobacco  in  England,  and  for  regulation  of  the  phmtation  trade. 
Another  act,  made  in  the  25th  year  of  the  reign  of  his  said  late 
majesty,  intituled,  an  act  for  the  encouragement  of  the  Greenland 
and  Eastland  lisheries,  and  for  the  better  securing  the  plantation 
trade,  great  abuses  are  daily  commitfed,  to  the  prejudice  of  the 
English  navigation,  and  the  loss  of  a  great  part  of  the  pliinlation 
trade  to  this  kingdom,  by  the  artifice  and  cunning  of  ill  disposed 
persons;  for  remedy  whereof  for  the  future,"  &c. 

Will  you  be  so  good,  sir,  as  to  pause  a  moment  on  this  pream- 
ble ?    To  what  will  you  liken  it  ?    Does  it  resemble  a  great,  rich, 
powerful  West  India  planter;  Alderman  Beckford,   for  example, 
preparing  and  calculating  and  writing  instructions  for  his  over- 
seers ?    "  You  are  to  have  no  regard  to  the  health,  strength,  com- 
fort, natural  atfections,  or  moral  feelings,  or  intellectual  endow- 
ments of  my  negroes.     You  are  only  to  consider  what  subsistenc; 
to  allow  them,  and  what  labour  to  exact  of  them,  will  subserve 
my  interest.     According  to  the  most  accurate  calculation  I  can 
make,  the  proportion  of  subsistence   and  labour  which  will  work 
them  up,  in  six  years  upon  an  average,  is  the  most  proHtable  to 
the  planter."     And  this  allowance,  surely,  is  very  humane  ;  for 
we  estimate  here,  the  lives  of  our  coal-heavers  upon  an  average 
at  only  two  years,  and  our  fifty  thousand  girls  of  the  town  at  three 
years  at  most.     "And  our  soldiers  and  seamen  no  matter  what." 
Is  there,  Mr.  Tudor,  in  this  preamble,  or  in  any  statute  of  Great 
Britain,  in  the  whole  book,  the  smallest  consideration  of  the  health, 
the  comfort,  the   happiness,  the  wealth,  the  growth,  the  popula- 
tion, the  agriculture,  the  manufactures,  the  commerce,  the  fishe- 
ries of  the  American  people  ?     All  these   things  are  to  be  sacri- 
ficed to  British  wealth,  British  commerce,  British  domination,  and 
the  British  navy,  as  the  great  engine  and  instrument  to  accomplish 
all.     To  be  sure,  they  .vere  apt  scholars  of  their  master,  Tacitus, 
whose  fundamental   and   universal   principle  of  philosophy,  reli- 
gion, morality,  and  policy,  was,  that  all  nations  and  all  things  were 
to  be  sacrificed  to  the  grandeur  of  Rome.     Oh !  my  fellow  citi- 
zens, that  I  had  the  voice  of  an  archangel  to   warn  you  against 
these  detestable  principles.     The  world  was  not  made  for  you, 
you  were  made  for  the  world.     Be  content  with  your  own  rights. 
Never  usurp  those  of  others.    What  w«uld  be  the  merit,  and  the 
fortunes  of  a  nation,  that  should  never  do  or  suffer  wrong  ? 

The  purview  of  this  statute,  was  in  the  same  spirit  with  the 
preamble  ;  pray  read  it  I     Old  as  you  are  ;  you  are  not  so  old  as 


n 


''■Wi 


Mi; 


286 


:^'¥m 


i'  lA 


-!';; 


I  am  ;  and  I  assure  you  1  have  conquered  my  natural  impatience 
90  far  as  to  read  it  again,  after  almost  sixty  years  acquaintance 
with  it,  in  all  its  horrid  dfibrmity. 

Every  artifice  is  employed  to  ensure  a  rigorous,  n  severe,  a 
cruel  execution  of  this  sy.-jtem  of  tyranny.  The  religion,  the 
morality,  of  all  pliuitation  governors,  of  all  naval  commanders, 
of  all  custom  house  officers,  if  th«»y  had  any,  and  all  men  have 
som<^,  were  put  in  requisition  l»y  the  most  solemn  oaths.  Their 
amhilion  was  iiili^tcd  by  th'!  forfeiture  of  their  officers  ;  their  ava- 
ri<-e  was  secured  by  the  most  temj)ting  penalties  and  forfeitures, 
to  he  divided  among  tliem.  Fine  picking  to  be  sure  !  Even  the 
lowest,  the  basest  informers  weio  to  be  made  gentlemen  of 
fortime  ! 

1  must  transcribe  one  section  of  this  detestable  statute,  and 
leave  you  to  read  *he  rest;  I  can  transcribe  no  more. 

The  sixth  section  of  this  benign  law,  of  our  glorious  deliverer 
kiii^  William,  is  as  follows  : 

Section  6.  "  And  for  the  more  effectual  preventing  of  frauds, 
and  regulating  abuses  in  the  plantation  tnide,  in  America,  be  it 
further  enacted  by  the  authority  aforesaid,  that  all  ships  coming 
into,  or  going  out  of  any  of  the  said  plantations,  and  lading,  or  un- 
lading any  goods  or  commodities,  whether  the  same  be  his  majes- 
ty's ships  of  war,  or  merchant  ships,  and  the  masters  and  com- 
manders thereof,  and  their  ladings,  shall  be  subject  and  liable  to 
the  same  rules,  visitations,  searches,  penalties,  and  forfeitures,  as 
to  the  entering,  landing,  and  discharging  their  respective  ships 
and  ladings,  as  ships  and  their  ladings,  and  the  commanders  and 
masters  of  ships,  are  subject  and  liable  unto  in  this  kingdom,  by 
virtue  of  an  act  of  parliament  made  in  the  fourteenth  year  of  the 
reign  of  king  Charles  2d.  intituled,  an  act  for  preventing  frauds, 
and  regulating  abases  in  his  majesty's  customs.  And  that  the 
officers  for  collecting  and  managing  his  majesty's  revenue,  and  in- 
specting the  plantation  trade,  and  in  any  of  the  said  plantations, 
shall  have  the  same  powers  and  authorities,  for  visiting  and 
searching  of  ships,  and  taking  their  entries,  and  for  seizing  and 
securing,  or  bringing  on  shore  any  of  the  goods  prohibited  to  be 
imported  or  exported  into  oroutof  any  the  said  plantations,  or  for 
which  any  duties  are  payable,  or  ought  to  have  been  paid,  by  any 
of  the  before  mentioned  acts,  as  are  provided  for  the  officers  of 
the  customs  in  England  by  the  said  last  mentioned  act,  made  in  the 
fourteenth  year  of  the  reign  of  king  Charles  2d.  ;  and  also  to 
enter  houses  or  warehouses,  to  search  for  and  seize  any  such 
goods  ;  and  that  all  the  wharfingers,  and  owners  of  keys  and 
wharves,  or  any  lightermen,  bargemen,  watermen,  porters,  or 
other  persons  assisting  in  the  conveyance,  concealment,  or  rescue 
of  any  of  the  said  goods,  or  in  the  hindering  or  resistance  of  any 
of  the  said  olVicers  in  the  performance  of  their  duty,  and  the  boats, 
barges,  lighters,  or  other  vessels  employed  in  the  conveyance  of 
such  goods,  shall  be  subject  to  the  like  [»ains  and  penalties  as  are 


TipatiencH 
[Uiiintatice 

severe,  a 
igion,  the 
ninanders, 
men  have 
s.  Their 
their  ava- 
orfcitures, 
Even  the 
tlemen  of 

atute,  and 

I  deliverer 

of  frauds, 
srica,  be  it 
ps  coming' 
ling,  or  un- 
his  majes- 
and  com- 
d  liable  to 
feitures,  as 
ctive  ships 
anders  and 
ngdom,  by- 
rear  of  the 
ng  frauds, 
i  that  the 
ue,  and  in- 
dantations, 
siting  and 
ieizing  and 
lited  to  be 
ions,  or  for 
lid,  by  any 
officers  of 
nade  in  the 
nd  also  to 
any  such 
keys  and 
lorters,  or 
,  or  rescue 
ice  of  any 
the  boats, 
ireyance  of 
ties  as  are 


w. 


287 


^lovided  by  the  same  act  made  in  the  fourteenth  year  of  the 
reign  of  king  Charl  .  i.M.  in  relation  to  prohibited  or  unaccustom- 
ed goods  in  this  kingdom ;  and  that  "  the  like  assistance^''  shall  be 
given  to  the  said  officers  in  the  execution  of  their  office,  as  by  the 
said  last  mentioned  act  is  provided  for  the  officers  in  England  ;  and 
also,  that  the  said  officers  shall  be  subject  to  the  same  penalties 
and  forfeitures,  for  any  corruptions,  frauds,  connivances,  or  con- 
cealments, in  violation  of  any  the  before  mentioned  laws,  us  any 
officers  of  the  customs  in  England  are  liable  to,  by  virtue  of  the 
last  mentioned  act;  and  also,  that  in  case  any  officer  or  olliccrsiu 
the  plantations  shall  be  seized  or  molested  for  any  thing  done  in 
the  execution  of  their  office,  the  said  officer  shall  and  may  plead 
the  general  issue,  and  shall  give  this  or  other  custom  acts  in  evi- 
dence, and  the  jtulge  to  allow  thereof,  have  and  enjoy  the  like  priv- 
ileges and  advantages,  as  are  allowed  by  law  to  the  officers  of  his 
majesty's  customs  in  England." 

Could  it  be  pretended,  that  the  superior  court  of  judicature, 
court  of  assize,  and  general  goal  delivery  in  the  province  cf  Mas- 
sachusetts bay  had  all  the  powers  of  the  court  of  exchequer  in 
England,  and  consequently  could  issue  warrants  like  his  majesty's 
court  of  exchequer  in  England?  No  custom  house  officer  dared 
to  say  this,  or  to  instruct  his  counsel  to  say  it.  It  is  true,  this 
court  was  invested  with  all  the  powers  of  the  courts  of  king's 
bench,  common  pleas  and  exchequer  in  England.  But  this  was  a 
law  of  the  province,  made  by  the  provincial  legislature,  by  virtue 
of  the  powers  vested  in  them  by  the  charter. 

Otis  called  and  called  in  vain  for  their  warrant  from  "  his  ma- 
jesty's court  of  exchequer."  They  had  none,  and  they  could 
have  none  from  England,  and  they  dared  not  say,  that  Hutchinson's 
court  was  "  his  niJijesty's  court  of  exchequer."  Hutchinson  himseU 
dared  not  say  it.  The  principle  would  have  been  fatal  to  parlia- 
mentary prentensions. 

This  is  the  second  and  the  last  time,  1  believe,  that  the  word 
"  assistance'^  is  employed  in  any  of  thtie  statutes.  But  the  words 
"  writs  of  assistance"  were  no  where  to  be  found  ;  in  r.o  st:Uute. 
no  law  book,  no  volume  of  entries;  neither  in  Kasti'.ll,  Coko.  or 
Fitzherbert,  nor  even  in  Instructor  Clericalis,  or  Burns's  .Justice. 
Where,  then,  was  it  to  be  found  ?  No  where,  but  in  the  imagi- 
nation or  invention  of  Boston  custom  house  officers,  royal  govern- 
ors, West  India  planters,  or  naval  commanders. 

It  was  indeed  a  farce.  The  crown,  by  its  agents,  accumulated 
construction  upon  construction,  and  inference  upon  inference,  as 
the  giants  heaped  Peiion  upon  Ossa.  1  hope  it  is  not  impious  ov 
profane  to  compare  Otis  to  Ovid's  jupiter.  But  "'  uiisso  fidmine 
perfregit  Olympum^  et  excussit  Subjecto  Pelio  Ossam.''''  He  dashed 
this  whole  building  to  pieces,  and  scattered  the  pulverized  atc^ms 
to  the  four  winds;  and  no  judge,  lawyer,  or  crown  officer  dared 
to  say,  why  do  you  so  ?  They  were  all  reduced  to  total  silence. 
In  plain  English,  by  cool,  patient  comparison  of  phrasnology  of 
these  statutes,  their  several  provisions,  the  dates  of  their  enact- 


m 


.i: 


iiH 


i 


Pi  fEs 


hi'  ;-;t^ 


288 


ments,  the  privilpges  of  our  rhartrrs,  tlic  morits  of  the  colonist*, 
&c.  he  shewed  the  pretensions  to  introduce  the  revenue  acts,  and 
these  arbitrary  and  mechanical  writs  of  assistance,  as  an  instru- 
ment for  the  execution  of  thrm  to  he  so  irrational  ;  by  his  wit  he 
vepresent.'d  the  attempt  as  so  ludicrous  and  ridiculous  ;  and  by  his 
dignified  reprobation  of  an  impudent  attempt  to  impose  on  the  peo- 
ple of  America  ;  he  raised  such  a  storm  of  indignation,  that  even 
IlutchiiisoM,  who  had  been  appointed  on  purpose  to  sanction  this 
writ,  dared  not  utter  a  word  in  its  favour ;  and  Mr.  Gridley  himself 
seemed  to  me  to  exult  inwardly  at  the  glory  and  triumph  of  hi" 
pupil. 

This,  I  am  sure,  must  be  enough,  at  this  time,  and  from  thi« 
text  to  fatigue  you,  as  it  is  more  than  enough  to  satisfy  yourmos( 
obedient,  &ic.  JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 


Q^uincy,  August  11,   I81C. 


■■»>,■ 


'    ■it  W.S 


DKAR  SIR, 


THE  "  Defence  of  the  New  England  charters  by  Jer.  Dnm 
mer,"  is,  both  for  style  and  matter,  one  of  our  most  classical 
American  productions.  "  The  feelings,  the  manners  and  princi- 
ples which  producGu  the  revolution,"  appear  in  as  vast  abundance 
in  this  work,  as  in  any,  that  1  have  read.  This  beautiful  compo- 
sition ought  to  be  reprinted  and  read  by  every  American  who  has 
learned  to  read.  In  pages  30  and  ^1,  this  statute  of  7th  and  8th  of 
king  William,  ch.  1^2.  sec.  9th,  is  quoted,  "  All  laws,  by-laws,  usa- 
ges or  customs,  at  this  time,  or  which  hereafter  shall  be  in  prac- 
tice, or  endeavoured  or  pretended  to  be  in  force  or  practice  in 
any  of  the  pla.itations,  which  are  in  any  wise  repugnant  to  thi? 
present  act,  or  any  other  law  hereafter  to  be  made  in  this  king- 
dom, so  far  as  sucli  law  shall  relate  to  and  mention  the  plantations, 
are  illegal,  null  and  void  to  all  intents  and  purposes  whatsoever." 
This  passage  Mr.  Otis  quoted,  with  a  very  handsome  eulogium  of 
the  author  and  his  book.  He  quoted  it  for  the  sake  of  the  rule  es- 
tablished in  it  by  parliament  itself  for  the  construction  of  its  own 
statutes.  And  he  contended  that  by  this  rule  there  could  be  no 
pretence  for  extending  writs  of  assistance  to  this  country.  He  al- 
so alluded  to  many  other  passages  in  this  work,  very  applicable  to 
his  purpose,  which  any  man  who  reads  it  mustperceive,  but  which 
I  have  not  time  to  transcribe. 

If  yon,  or  your  inquisitive  and  ingenious  son,  or  either  of  my 
?ons  or  grandsons  or  great  grand  sons,  should  ever  think  of  these 
thing?',  it  may  not  be  improper  to  transcribe  from  a  marginal  note 
at  the  end  ot  this  statute,  an  enumeration  of  the  "  Further  pro- 
visions concerning  plantations."  II.  VV.  3,  c.  12  ;  3,  4  of  An.  c.  5 
and  10;  6  of  An.  c.  30  :  0  of  An.  c.  13;  9th  of  An.  c.  J7;  10  An. 


t'Ki 


T. 


colonislf, 
c  iicts,  and 

an  instru- 
his  wit  hp 
and  by  his 
n  the  peo- 

that  even 
nction  this 
ey  himself 
iph  of  hi" 

from  thi« 
yourmosf 
lDAMS. 


,    181C. 

'er.  Dnm 
3t  classical 
md  princi- 
jbundance 
ful  compo- 
1  who  has 
and  8th  ol 
•laws,  usa- 
5  in  prac- 
ractice  in 
ant  to  thi? 
this  king- 
antations, 
itsoever." 
logium  of 
le  rule  es- 
jfits  own 
uld  be  no 
He  al- 
ilicable  to 
but  which 

her  of  my 
of  these 
ginal  note 
rther  pro- 
>f  An.  c.  5 
10  An. 


289 


c  22  and  20;  4  Geo.  1,  c.  11;  6  Geo.  1,  c.  12  and  15;  13  Geo.  1, 
r.  5  ;  3  Geo.  2,  c.  12  and  2'd  ;  4  Geo.  2,  c.  16  ;  a  Geo.  2,  c.  7  and 
»;  6  Geo.  2,  c.  16  ;  a  Geo.  2,  c.  13;  8  Geo.  2,c.  19;  12  Geo.  2, 
c.  30  ;  15  Geo.  2,  c.  31  and  33  ;  24  Geo.  2,  c.  51  and  53  ;  20  Geo. 
2,  c.  5  and  35  ;  and  30  Geo.  2,  9. 

The  vigilance  of  the  crown  oflicers  and  their  learned  counsel 
on  one  side,  and  that  of  merchants,  patriots  and  their  counsel  on 
the  other,  produced  every  thing  in  any  of  these  statutes  which 
could  favor  their  respective  arguments.  It  would  not  only  be  ri- 
diculous in  me,  but  culpable  to  pretend  to  recollect  all  that  were 
produced.  Such  as  I  diitinctly  remember  1  will  endeavour  to  in- 
troduce to  your  remembrance  and  rellections. 

Molasses  or  melasses  or  molosses,  for  by  all  these  names,  they 
are  designated  in  the  statutes.  By  the  statute  of  the  second  year 
of  our  glorious  deliverers,  king  William  and  queen  Mary,  session 
second,  chapter  four,  section  35.  "  For  ev^ry  hundred  weight  of 
molosses,  containing  112  pounds,  imported  from  any  other  place 
than  the  English  plantations  in  America,  eight  shillings  over  and 
abo-  e  what  the  same  is  charged  within  the  book  of  rates." 

The  next  statute  that  I  recollect,  at  present,  to  have  been  intro- 
duced upon  that  occasion,  was  the  sixth  of  George  the  second,  ch. 
thirteen,  '^  An  act  for  the  better  securing  and  encouraging  the 
trade  of  his  majesty's  sugar  colonies  in  America.'' 

Cost  what  it  will,  1  must  transcribe  the  first  section  of  this  statute, 
with  all  its  parliamentary  verbiage.  1  hope  some  of  my  fellow 
citizens  of  the  present  or  some  future  age  will  ponder  it. 

"  Whereas,  the  welfare  and  prosperity  of  your  majesty's  sugar 
colonies  in  America,  are  of  the  greatest  consequence  and  impor- 
tance, to  the  trade,  navigation  and  strength  of  this  kingdom  ;  and 
whereas,  the  planters  of  the  said  sugar  cotonies  have  of  late  years, 
fallen  under  such  great  discouragements,  that  they  are  unable  to 
improve  or  carry  on  the  sugar  trade,  upon  an  equal  footing  with 
the  foreign  sugar  colonies,  without  some  advantage  and  relief  be 
given  to  them  from  G.  Britain  :  For  remedy  whereof,  and  for  the 
good  and  welfare  of  your  majesty's  subjects,  we  your  majesty's 
most  dutiful  and  loyal  subjects,  the  commons  of  Great  Britain,  as- 
sembled in  parliament,  have  given  and  granted  unto  your  majesty, 
the  several  and  respective  rates  and  duties  hereinafter  mentioned, 
and  in  such  manner  and  form  as  is  hereinafter  expressed  ;  and  do 
most  humbly  beseech  your  majesty,  that  it  may  be  enacted,  and  be 
it  enacted  by  the  king's  most  excellent  majesty,  by  and  with  the 
consent  of  the  lords  spiritual  and  temporal,  and  commons  in  this 
present  parliament  assembled,  and  by  the  authority  of  the  same, 
that  from  and  after  the  twenty  tifth  day  of  December,  one  thou- 
sand seven  hundred  and  thirty-three,  there  shall  be  raised,  levied, 
collected,  and  paid,  unto  and  for  the  une  of  his  majesty,  his  heirs 
and  successors,  upon  all  rum  or  spirits  of  the  produce  or  manufac- 
ture of  any  of  the  colonics  or  plantations  in  America,  not  in  the 
possession  or  under  the  dominion  of  his  niitjcsty.  his  heirs  and  sno- 

37 


! 


I  ■ 


lit 


m 

i..   !i 
i»1f 


ml 

!f' 


Inl. 


•  :  i'. 

'•it 
If 


:\ 


-U4 


290 


cessors,  which  at  any  time  or  times,  within  or  during  the  continu- 
ance of  this  act,  shall  be  imported  or  brought  into  any  of  the  colo* 
nies  or  plantations  in  America,  which  now  are,  or  hereafter  may 
be,  in  the  possession  or  under  the  dominion  of  his  majesty,  his 
heirs  or  successors,  the  sum  of  nine  pence,  money  of  Great  Britain, 
to  be  paid  according  to  the  proportion  and  value  of  five  shillings 
and  six  pence  the  ounce  in  silver,  for  every  gallon  thereof,  and 
aAer  that  rate  for  any  greater  or  lesser  quantity ;  and  upon  all 
molasses  or  syrups  of  such  foreign  produce  or  manufacture,  as 
aforesaid,  which  shall  be  imported  or  brought  into  any  of  the  said 
colonies  of  or  belonging  to  his  majesty,  the  sum  of  six  pence  of 
like  money  for  every  gallon  thereof,  and  after  that  rate  for  any 
greater  or  lesser  quantity ;  and  upon  all  sugars  and  pancles  of 
such  foreign  growth,  produce  or  manufacture  as  aforesaid,  which 
shall  be  imported  into  any  of  the  said  colonies  or  plantations  of  or 
belonging  to  his  majesty,  a  duty  after  the  rate  of  five  shillings  of 
like  money  for  every  hundred  weight  avoirdupois  of  the  said  su- 
gar and  pancles,  and  after  that  rate  for  a  greater  or  lesser  quan- 
tity." 

Now,  sir,  will  you  be  pleased  to  read  judge  Minot^s  history,  vol. 
2d,  from  page  137  to  140,  ending  with  these  words  :  '''■  But  the 
strongest  apprehensions  arose  from  the  publication  of  the  orders 
for  the  strict  execution  of  the  molasses  act,  which  is  said  to  have 
caused  a  greater  alarm  in  the  country,  than  the  taking  of  fort  Wil- 
liam Henry  did  in  the  year  1787."  This  1  fully  believe,  and  cer- 
tainly know  to  be  true  ;  for  I  was  an  eye  and  an  ear  witness  to 
both  of  these  alarms.  Wits  may  laugh  at  our  fondness  for  molas- 
ses, and  we  ought  all  to  join  in  the  laugh  with  as  much  good  hu- 
mor as  general  Lincoln  did.  General  Washington,  however  al- 
ways asserted  and  proved,  that  Virginians  loved  molasses  as  well 
as  New  Englandmen  did.  I  know  not  why  we  should  blush  to 
confess  that  molasses  was  an  essential  ingredient  in  American  in- 
dependence. Many  great  events  have  proceeded  from  much 
smaller  causes. 

Mr.  Otis  demonstrated  how  these  articles  of  molasses  and  sugar, 
especially  the  former,  entered  into  all  and  every  branch  of  our 
commerce,  fisheries,  even  manufactures  and  agriculture.  He  as- 
serted this  act  to  be  a  revenue  law,  a  taxation  law,  made  by  a  for- 
eign legislature  without  our  consent,  and  by  a  legislature  who  had 
no  feeling  for  us,  and  whose  interest  prompted  them  to  tax  us  to 
the  quick.  Pray,  Mr.  Tudor,  calculate  the  amount  of  these  duties 
upon  molasses  and  sugar.  What  an  enormous  revenue  for  that 
age  !  Mr.  Otis  made  a  calculation  and  shewed  it  to  be  more  than 
sufficient  to  support  all  the  crown  officers. 

JOHN  ADAMS. 


I' 


mmmmrm^mn' 


T^ 


!  contiau- 
the  colo- 
ifter  may 
jesty,  his 
It  Britain, 
shillings 
reof,  and 
1  upon  all 
icture,  as 
)f  the  said 
[  pence  of 
:e  for  any 
tancles  of 
lid,  which 
tions  of  or 
hillings  of 
le  said  su- 
sser  quan- 

istory,  vol. 

"  But  the 
the  orders 
Lid  to  have 
f  fort  Wil- 
e,  and  cer- 

witness  to 

for  molas- 

good  hu- 

awever  al- 

jes  as  well 

d  blush  to 
lerican  in- 

rom  much 

and  sug^r, 
ich  of  our 
He  as- 
e  by  a  for- 
e  who  had 
tax  us  to 
lese  duties 
for  that 
more  than 


DAMS. 


291 


TO  THE  HON.  WM.  TUDOR. 

^uincy,  August  16,  1818. 

DEAR  SIA, 

WE  cannot  yet  dismiss  this  precious  statute  of  the  6th  of 
George  2d.  chapter  13. 

The  second  section  I  must  abridge,  for  I  cannot  transcribe  much 
more.  It  enacts,  that  all  the  duties  imposed  ]>y  the  first  section, 
shall  be  paid  down  in .  ready  money  by  the  importer,  before 
landing. 

The  third  section  must  be  transcribed  by  me  or  some  other 
person,  because  it  is  the  most  arbitrary  among  statutes,  that  were 
all  arbitrary,  the  most  unconstitutional  among  laws,  which  were 
all  unconstitutional. 

Section  3d.     '^  And  be  it  further  enacted,  that  in  case  any  of 
the  said  commodities  shall  be  landed,  or  put  on  shore  in  any  of 
his  majesty's  said  colonies  or  plantations  in  America,  out  of  any 
thip  or  vessel,  before  due  entry  be  made  thereof,  at  the  port  or 
place  where  the  same  shall  be  imported,  and  before  the  duties  by 
this  act  charged  or  chargeable  thereupon,  shall  be  duly  paid,  or 
without  a  warrant  for  the  landing  and  delivering  the  same,  tirst 
signed  by  the  collector,  or  impost  officer,  or  other  proper  officer 
or  officers  of  the  custom  or  excise,  belonging  to  such  port  or  place 
respectively,  all  such  goods  as  shall  be  so  landed  or  put  on  shore, 
or  the  value  of  the  same,  shall  be  forfeited ;  and  all  and  every 
such  goods  as  shall  be  so  landed  or  put  on  shore,  contrary  to  the 
true  intent  and  meaning  of  this  act,  shall,  and  may  be  seized  by 
the  governor  or  commander  in  chief,  for  the  time  being,  of  the 
colonies  or  plantations,  where  the  same  shall  be  so  landed  or  put 
on  shore,  or  any  person  or  persons,  by  them  authorized  in  that 
behalf,  or  by  warrant  of  any  Justice  of  the  peace  or  other  magis- 
trate, (which  warrant  such  justice  or  magistrate  is  hereby  empow- 
ered and  required  to  give  upon  request)  or  by  any  custom  house 
officer,  impost,  or  excise  officer,   or  any  person  or  persons,  him 
or  them  accompanying,    aiding  and  assisting,  and   all  and  every 
such  offence  and  forfeitures  shall,  and  may  be  prosecuted  for  and 
recovered  in  any  court  of  admiralty  in  his  majesty''s  colonies  or  plan- 
tations in  America,  (which  court  of  admiralty  is  hereby  authorized, 
impowered  anU  required  to  proceed  to  hear  ,and  finally  determine  the 
same)  or  in  any  court  of  record  in  the  said  colonies  or  plantations, 
where  such  offence  is  committed,  at  the  election  of  the  informer  or 
prosecutor,  according  to  the  course  and  method  used  and  practised 
there  in  prosecutions  for  offences  against  penal  laws  relating  to  cuS' 
toms  or  excise ;  and   such  penalties  and  forfeitures  so  recovered 
there,  shall  be  divided  as  follows,  viz :  one  third  part  for  the  use 
of  his  majesty,  his  heirs  and  successors,  to  be  applied  for  the  sup- 
port of  the  government  of  the  colony  or  plantation,  where  the 
same  shall  be  recovered,  one  third  part  to  the  governor  or  com- 


^0 


It 


III 


111 


n  ?• 


.t. 


29S 


mmf 


mander  in  chief,  of  (he  said  colony  or  plantation,  and  the  other 
third  part  to  the  informer  or  prosecutor,  who  shall  sue  for  the 
same. 

'*  Section  five  contains  the  penalties  on  persons  assisting  in  such 
unlawful  importation. 

Section  6th.  "  Fifty  pound  penalty  on  molesting  an  officer  on 
his  duty.  Officer,  if  sued,  may  plead  the  general  issue.  Fifty 
pound  penalty,  on  officer  conniving  at  such  fraudulent  importation. 

Section  7th.  "  One  hundred  pound  penalty,  on  master  of  ship, 
&c.  permitting  such  importation. 

Section  8th.     "  The  onus  probandi  in  suits  to  lie  on  the  owners. 

Section  12.  "Charge  of  prosecution  to  be  borne  out  of  the 
king's  part  of  seizures,  forfeitures  and  penalties." 

George  2d.  was  represented  and  believed  in  America  to  be  an 
honest,  well  meaning  man ;  and  although  he  consented  to  this 
statute  and  others  wiiich  he  thought  sanctioned  by  his  predeces- 
90IS,  especially  king  William,  yet  it  was  reported  and  understood, 
that  he  had  uniformly  resisted  the  importunities  of  ministers,  gov* 
ernors,  planters,  and  projectors,  to  induce  him  to  extend  the  sys- 
tem of  taxation  and  revenue  in  America,  by  saying,  that  "  he  did 
not  understand  the  colonies ;  he  wished  their  prosperity.  They 
appeared  to  be  happy  at  pre^tut ;  and  he  would  not  consent  to  any 
innovations ;  the  consequences  of  which  he  could  not  foresee." 

Solomon,  in  all  his  glory,  could  not  have  said  a  wiser  thfng.  If 
George  3d.  had  adopted  this  sentiment,  what  would  now  be  the 
state  of  the  world  ?    Who  can  tell  ?  or  who  cap  conjecture  ? 

The  question  now  was  concerning  the  designs  of  a  new  reign, 
and  of  a  young  prince.  This  young  king  had  now  adopted  the 
whole  system  of  his  predecessors,  Stuarts,  Oranges,  and  Hano- 
verians, and  determined  to  carry  it  into  execution,  right  or  wrong  ; 
and  that,  by  the  most  tyrannical  instruments,  that  ever  were  in* 
vented ;  writs  of  assistance.  What  hope  remained  for  an  Amer- 
ican, who  knew,  or  imagined  he  knew,  the  character  of  the  Eng- 
lish nation,  and  the  character  of  the  American  people  ?  To  bor 
row  a  French  word,  so  many  reminiscences  rush  upon  me,  that  I 
know  not  which  to  select,  and  must  return  for  the  present  to  Mr. 
Otis.  By  what  means  this  young  inexperienced  king  was  first 
tempted  by  his  ministers,  to  enter  with  so  much  spirit  into  this  sys- 
tem, may  be  hereafter  explajned. 

Mr.  Otis  analyzed  this  statute,  6.  George  3d.  c.  13,  with  great 
accuracy.  His  calculations  may  be  made  by  any  modern  mathe- 
matician who  will  take  the  pains.  How  much  molasses,  for  exam- 
ple, was  then  subject  to  this  tax ;  suppose  a  million  gallons,  which 
is  far  less  than  the  truth.  Six  pence  a  gallon  was  futi  one  half  of 
the  value  of  the  article.  It  was  sold  at  market  for  one  shilling ; 
and  I  have  known  a  cargo  purchased  at  a  pistareen.  The  duties 
on  a  million  gallons,  would  then  be  twenty  five  thousand  pounds 
sterling  a  year  ;  a  fund  amply  sufficient,  with  the  duties  on  sugars, 
kc.  and  mo|-e  than  sufficient,  at  that  time,  to  pay  all  the  salariefi  of 


293 


T1 


the  other 
iue  for  the 

ing  in  such 

I  officer  on 
iue.  Fifty 
nportation. 
ler  of  ship, 

he  owners, 
out  of  the 

ca  to  be  an 
ed  to  this 
i  predeces- 
inderstood, 
isters,  gov- 
ad  the  sys- 
at  "  he  did 
ity.  They 
isent  to  any 
►t  foresee." 
r  thing.  If 
now  be  the 
jcture  ? 
new  reign, 
dopted  the 
and  Hano- 
or  wrong ; 
»r  were  in* 
r  an  Amer- 
)f  the  Eng- 
To  bor 
me,  that  I 
sent  to  Mr. 
r  was  first 
ito  this  sys» 


all  the  governors  upon  the  continent,  and  all  judges  of  adnnralty 
too. 

Mr.  King,  formerly  of  Massachusetts,  now  of  New-York,  in  a 
late,  luminous  and  masterly  speech,  in  senate,  page  18,  informs 
us,  from  sure  sources,  that  ••'  we  import  annually  upwards  of  six 
million  gallons  of  West  India  rum."  The  Lord  have  mercy  on  us  ! 
•'  More  than  half  of  which  comes  from  the  English  colonies.  We 
also  import  every  year,  nearly  seven  millions  of  gallons  of  molas- 
ses ;  and  as  every  gaMon  of  molasses  yields,  by  distillation,  a  gal- 
lon of  rum,  the  rum  imported,  added  to  that  distilled  from  molas- 
ses, is  probably  equal  to  twelve  millions  of  gallons,  which  enor- 
mous quantity  is  chiefly  consumed,  besides  whiskey,  by  citizens  of 
the  United  States."  Again,  1  devoutly  pray,  the  Lord  have  mercy 
on  us  ! 

But  calculate  the  revenue,  at  this  day,  from  this  single  act  of 
George  2d.  It  would  be  sufficient  to  bribe  any  nation,  less  know- 
ing and  less  virtuous,  than  the  people  of  America,  to  the  voluntary 
surrender  of  all  their  liberties. 

Mr.  Otis  asserted  this  to  be  a  revenue  law ;  a  taxation  law  ;  an 
imconstitutional  law ;  a  law  subversive  of  every  end  of  society 
and  government ;  it  was  null  and  void.  It  was  a  violation  of  all 
the  rights  of  nature,  of  the  English  constitution,  and  of  all  the 
charters  and  compacts  with  the  colonies  ;  and  if  carried  into  exe- 
cution by  T  its  of  assistance,  and  courts  of  admiralty,  would  de- 
stroy all  se  'irity  of  life,  liberty,  and  property.  Subjecting  all 
these  laws  to  ihe  jurisdiction  of  judges  of  admiralty,  poor  depen> 
dent  creatures ;  to  the  forms  and  course  of  the  civil  law,  without 
juries,  or  any  of  the  open,  noble  examination  of  witnesses,  or  pub- 
licity of  proceedings,  of  the  common  law,  was  capping  the  climax, 
it  was  clenching  the  nail  of  American  slavery. 

Mr.  Otis  roundly  asserted,  that  this  statute,  and  the  preceding 
statutes,  never  could  be  executed.  The  whole  power  of  Great 
Britain  would  be  ineffectual ;  and  by  a  bold  figure,  which  will  now 
be  thought  exaggeration,  he  declared,  that  if  the  king  of  Great 
Britain  in  person  were  encamped  on  Boston  common,  at  the  head 
of  twenty  thousand  men,  with  all  his  navy  on  our  coast,  he  would 
not  be  able  to  execute  these, laws.  They  would  be  resisted  or 
eluded.  JOHN  ADAMS. 


'  u 


with  great 

em  mathe- 

for  exam- 

ons,  which 

one  half  of 

le  shilling ; 

The  duties 

md  pounds 

on  sugars, 

salaries  of 


TO  THE  HON.  WM.  TUDOH. 


Quincy,  August  21,  1818. 

DEAR  Sm, 

MR.  OTIS  quoted  another  author,  "■  The  political  and  com- 
mercial works  of  Charles  D'Avenant,  L.L.  D.  vol.  2.  discourse  3. 
On  the  plantation  trade."     1  cannot  transcribe  seventy  six  pages. 


294 


r*M  If, 


.•> .' 


but  wish  that  Americans  of  all  classes  would  rend  them.  They 
arc  in  the  same  strain  with  Downing,  Child,  Gee,  Ashley,  Charles 
2,  James  2,  William  and  Mary,  William  3,  Ann,  George  2,  and 
George  3  ;  all  conspiring  to  make  the  people  of  North  America 
hewers  of  wood  and  drawers  of  water,  to  plantation  governors, 
custom  house  ofBcers,  judges  of  admiralty,  common  informers. 
West  India  planters,  naval  commanders,  in  the  first  place  ;  and, 
after  all  these  worthy  people  should  be  amply  supported,  nour- 
ished, encouraged  and  pampered,  if  any  thing  more  could  be 
squeezed  from  the  hard  earnings  of  the  farmers,  the  merchants, 
the  tradesmen  and  labourers  in  America,  it  was  to  be  drawn  into 
the  exchequer  in  England,  to  aggrandize  the  British  navy^ 

Mr.  Otis  proceeded  to  another  species  of  statutes,  relative  to 
our  inter  al  policy,  even  our  domestic  manufactures  and  fireside 
comforts  ;  I  might  say,  our  homespun  blankets  and  woollen  sheets, 
so  necessary  to  cover  some  of  us,  if  not  all  of  us,  in  our  slumbers 
in  the  long  nights  of  our  frozen  winters.  I  shall  refer  to  these 
statutes  as  they  occur,  without  any  regard  to  order,  and  shall  not 
pretend  to  transcribe  any  of  them. 

'^  Furs  of  the  plantations  to  be  brought  to  Great  Britain.  8  Geo. 
1.  c.  15.  S3.  24." 

"  Hats,  not  to  be  exported  from  one  plantation  to  another.  5 
Geo.  2.  c.  22." 

"  Hatters  in  America,  not  to  have  more  than  two  apprentices. 
5  Geo.  2.  c.  22.  ss.  7." 

"  Slitting  mills,  steel  furnaces,  &c.  not  to  be  erected  in  the  plan- 
tations.    23  Geo.  2.  c.  29.  ss.  9." 

'"'■  No  wool,  or  woollen  manufacture  of  the  plantations  shall  be 
exported.      10  &  11  Wm.  3.  c.  10.  ss.  19." 

"  Exporting  wool,  contrary  to  the  regulations,  forfeiture  of  the 
ship,  &c.     1 2  Geo.  2.  c.  2 1 .  ss.  1 1 ." 

I  cannot  search  for. any  more  of  these  mincing  laws.  Mr.  Otis 
alternately  laughed  and  raged  against  them  all.  He  said  one  mem- 
ber of  parliament  had  said,  that  a  hobnail  should  not  be  manufac- 
tured in  America  ;  and  another  had  moved  that  Americans  should 
he  compelled  by  act  of  parliament,  to  send  their  horses  to  Eng- 
land to  be  shod.  He  believed,  however,  that  this  last  was  a  man 
of  sense,  and  meant,  by  this  admirable  irony,  to  cast  a  ridicule  on 
the  whole  selfish,  partial,  arbitrary  and  contracted  system  of  par- 
liamentary regulations  in  America. 

Another  statute  there  is,  and  was  quoted  by  Mr.  Otis,  by  which 
wool  was  prohibited  to  be  water-borne  in  America;  in  consequence 
of  which,  a  fleece  of  wool  could  not  be  conveyed  in  a  canoe  acrosi 
a  river  or  brook,  without  seizure  and  forfeiture. 

But  1  am  wearied  to  death  by  digging  in  this  mud  ;  with  search- 
ing among  this  trash,  chaff,  rubbish  of  acts  of  parliament ;  of  that 
parliament  which  declared  it  had  a  right  to  legislate  for  us,  as 
siovereign,  absolute  and  supreme,  in  all  cases  whatsoever.  But  I 
deny  that  they  ever  had  any  right  to  legislate  for  us,  in  any  ckse 


r  ■  f  :''k;:/ 


295 


.      They 

Charles 

ge  2,  and 

America 

overnors, 

nformers, 

ce  ;    and, 

ed,  nour- 

could  be 

lerchanls, 

rawD  into 

elative  to 
)d  fireside 
en  sheds, 
'  slumbers 
?  to  these 
[  shall  not 

in.  8  Geo. 

lother.     5 

)prentices. 

n  the  plan- 

s  shall  be 

ure  of  the 

Mr.  Otis 
one  mem- 
manufac- 
ans  should 
es  to  Eng- 
vas  a  man 
'idicule  on 
im  of  par- 

by  which 
nsequence 
noe  across 

th  search- 
of  that 
for  us,  as 
r.  But  I 
any  c&se 


whatsoever.  And  on  this  point  we  ar<*  and  were  at  issue,  before 
God  and  the  world.  These  righteous  judges  have  decided  the 
question  ;  and  it  is  melancholy  that  any  Americans  should  still 
doubt  the  equity  and  wisdom  of  the  decision. 

Such  were  the  bowels  of  compassion,  such  the  tender  mercies 
of  our  pious,  virtuous,  our  moral  and  religious  mother  country,  to- 
wards her  most  dutiful  and  affectionate  children !  Such  they  are 
still ;  and  such  they  will  be,  till  the  United  States  shall  compel 
that  country  to  respect  this.  To  this  end,  poor  and  destitute  as  I 
am,  I  would  ■  cheerfully  contribute  double  my  proportion  of  the 
expense  of  building  and  equipping  thirty  ships  o{  the  line,  before 
the  year  1820. 

Mr.  Otis  asserted  all  these  acts  to  be  null  and  void  by  the  law  of 
nature,  by  the  English  constitution,  and  by  the  American  charters ; 
because  America  was  not  represented  in  parliament.  He  entered 
into  the  history  of  the  charters.  James  the  first  and  Charles  the 
first,  could  not  be  supposed  to  have  ever  intended  that  parliament, 
more  hated  by  them  both  than  the  pope  or  the  French  king, 
should  share  with  them  in  the  government  of  colonies  and  corpo- 
rations which  they  had  instituted  by  their  royal  prerogatives — 
"  Tom,  Dick,  and  Harry  were  not  to  censure  them  and  their  coun 
cil."  Pym,  Hambden,  sir  Harry  Vane  and  Oliver  Cromwell  did 
not  surely  wish  to  subject  a  country,  which  they  sought  as  an  asy- 
lum, to  the  arbitrary  jurisdiction  of  a  country  from  which  they 
wished  to  fly.  Charles  the  second  had  learned  by  dismal,  doleful 
experience,  that  parliaments  were  not  to  be  wholly  despised.  He, 
therefore,  endeavoured  to  associate  parliament  with  himself,  iu 
his  navigation  act,  and  many  others  of  his  despotic  projects,  even 
in  that  of  destroying,  by  his  unlimited  licentiousness  and  debauch- 
ery, the  moral  character  of  the  nation.  Charles  the  second  court 
ed  parliament  as  a  mistress ;  his  successors  embraced  her  as  a 
wife,  at  least  for  the  purpose  of  enslaving  America. 

Mr.  Otis  roundly  asserted  this  whole  system  of  parliamentary 
regulations,  and  every  act  of  parliament  before  quoted,  to  be  ille- 
gal, unconstitutional,  tyrannical,  null  and  void.  Nevertheless,  with 
all  my  admiration  of  Mr.  Otis,  and  enthusiasm  for  his  character,  I 
must  acknowledge  he  was  not  always  consistent  in  dr.<wing  or  ad- 
mitting the  necessary  consequences  from  his  principles,  one  of 
which  comprehended  them  all,  to  wit,  that  Parliament  had  no  au- 
thoAty  over  America  in  any  case  ■whatsoever. 

But  at  present  we  must  confine  ourselves  to  his  principles  and 
authorities  in  opposition  to  the  acts  of  trade  and  writs  of  assistance. 
These  principles  I  perfectly  remember.  The  authorities  in  <I(v 
tail  I  could  not  be  supposed  to  retain  ;  though  with  recollecting 
the  names,  Vattel,  Coke  and  Holt,  I  might  have  found  them  ag,\'\n 
by  a  diligent  search.  But  Mr.  Otis  himself  has  saved  that  trouble, 
by  a  publication  of  his  own,  which  must  be  the  subject  of  another 
letter  from  your  humble  servant, 

JOHN  ADAMS. 


>i 


1^ 

H 

P 
tit 

i'  I. 


:i 


296 


TO  THE  HON.  WM.  TUDOR. 

QwtMcj/,  Jlugust  31,  1818. 

J>KAIl    SIR, 

1  HAVE  before  mentioned  the  instructions  of  the  city  of  Boa- 
ton  to  their  representatives,  in  May  1764,  printed  in  an  appendix 
to  Mr.  Otis's  "  Rights  of  the  colonies."  In  obedience  to  those  in- 
structions, or  at  least  in  consequence  of  them  Mr.  Otis  prepared  a 
memorial  to  the  house  of  representatives,  which  was  by  them  vo- 
ted to  be  transmitted  to  Jasper  Mauduit,  Esq.  agent  for  the  prov- 
ince, only  as  a  statement  drawn  up  by  one  of  the  house,  to  be 
improved  as  he  may  judge  proper." 

In  this  memorial  Mr.  Otis  has  preserved  and  immortalized  his 
own  arguments  and  authorities  to  prove  the  acts  of  trade  null  and 
void,  which  he  had  advanced  and  produced  three  yeare  before  in 
his  oration  against  those  acts  and  their  formidable  instrument, 
writs  of  assistance.  Thi?!  is  a  fortunate  circumstance  for  me,  be- 
cause it  relieves  me  from  the  trouble  of  recollection,  and  the  more 
l>ainful  task  of  research  in  old  books. 

"  The  public  transactions",  says  Mr.  Otis,  "  from  William  the 
first,  to  the  revolution,  may  be  considered  as  one  continued  strug- 
q^le,  between  the  prince  and  the  people,  all  tending  to  that  happy 
establishment,  which  Great  Britain  has  since  enjoyed. 

"  The  absolute  rights  of  Englishmen,  as  frequently  declared  in 
parliament,  from  Magna  Charta,  to  this  time,  are  the  rights  of  per- 
gonal security,  personal  liberty  and  of  private  property. 

"  The  allegiance  of  British  subjects  being  natural,  perpetual 
and  inseparable  from  their  persons,  let  them  be  in  what  country 
they  may  ;  their  rights  are  also  natural,  inherent  and  perpetual. 

"  By  the  laws  of  nature  and  of  nations  ;  by  the  voice  of  univer- 
sal reason,  and  of  God,  when  a  nation  takes  possession  of  a  desart, 
uncultivated,  uninhabited  country,  or  purchases  of  savages,  as  was 
the  case  with  far  the  greatest  part  of  the  British  settlements  ;  the 
colonists  transplanting  themselves  and  their  posterity,  though  sep- 
arated from  the  principal  establishment,  or  mother  country,  nat- 
>u-ally  become  part  of  the  state  with  its  ancient  possessions,  and 
ontitled  to  all  the  essential  rights  of  the  mother  country.  This  is 
not  only  confirmed  by  the  practice  of  the  ancients,  but  by  the  mod- 
orns  ever  since  the  discovery  of  America.  Frenchmen,  Spaniards, 
and  Portuguese  are  no  greater  slaves  abroad  than  at  home  ;  and 
hitherto  Britons  have  been  as  free  on  one  side  of  the  Atlantic  as  on 
the  other :  an.d  it  is  humbly  hoped  that  his  majesty  and  the  par- 
liament will  in  their  wisdom  be  graciously  pleased  to  continue  the 
colonies  in  this  happy  state." 

'*  It  is  pnjsumed.  that  upon  these  principles,  the  colonists  have 
been  by  their  several  charters  declared  natural  subjects,  and  en- 
trusted  with  the  power  of  making  their  own  local  laws,  not  re 
pugnant  to   the   law?;  of  England,  and  with  the  power  of  taxing 
themselves," 


9 1! 


297 


,   1818. 

ty  of  Bos- 
appendix 

)  those  in- 

irepared  a 
them  vo- 

the  prov- 

luse,  to  be 

•talized  his 
le  null  and 
J  before  in 
nstrument, 

for  me,  be- 
id  the- more 

^^illiam  the 
nuedstrug- 
that  happy 

declared  in 
ghts  of  per- 

1,  perpetual 
lat  country 
perpetual, 
e  of  univer- 
of  a  desart, 
ages,  as  was 
iments ;  the 
though  sep- 
try,  nat- 
tessions,  and 
[ry.     This  is 
]by  themod- 

1,  Spaniards, 
,  home  ;  and 
Ltlantic  as  on 
land  the  par- 

jontinue  the 

)loni8ts  have 
tcts,  and  en- 
flaws,  not  re 

rer  of  taxing 


"  This  legislative  power  is  subject  to  the  same  charter  to  the 
king's  negative  as  in  Ireland.  This  effectually  secures  the  depen- 
dence of  the  colonies  on  Great  Britain.  By  the  13lh  of  George 
2.  ch.  9.  even  foreigners  having  lived  seven  yoars  in  any  of  the 
colonies  are  deemed  natives  on  taking  the  oaths  of  allegiance,  &c. 
and  are  declared  by  the  said  act  to  be  his  majesty's  natural  boru 
subjects  of  the  kingdoms  of  Great  Britain,  to  all  intents,  construc- 
tions and  purposes,  as  if  any  of  them  had  been  born  within  the 
kingdom.  The  reasons  given  for  this  naturalization  in  the  pre- 
amble of  the  act  are,  that  the  increase  of  the  people  is  the  means 
of  advancing  the  wealth  of  any  nation  or  country.  And  many  for- 
eigners and  strangers,  from  the  lenity  of  our  government,  the  pu- 
rity of  our  religion,  the  benefit  of  our  laws,  the  advantages  of  our 
trade,  and  the  security  of  our  property,  might  be  induced  to  come 
and  settle  in  some  of  his  majesty's  colonies  in  America,  if  they  were 
partakers  of  the  advantages  and  privileges,  which  the  native  born 
subjects  there  enjoy. 

"  The  several  acts  of  parliament  and  charters,  declaratory  of 
the  rights  and  liberties  of  the  colonies,  are  but  in  athrmance  of 
the  common  law  and  law  of  nature  in  this  point.  There  are,  says 
my  lord  Coke,  regularly  three  incidents  to  subjects  born;  1.  Pa- 
rents under  the  actual  obedience  of  the  king  ;  2.  That  the  place 
of  his  birth  be  within  the  king's  dominions  ;  3.  The  time  of  his 
birth  to  be  chiefly  considered. 

"  For  he  cannot  be  a  subject  born  of  one  kingdom,  that  was  born 
under  the  allegiance  of  a  king  of  another  kingdom.  See  Calvin's 
case  and  the  several  acts  and  decisions  on  naturalization,  from  Ed- 
ward the  third  to  this  day.  The  common  law  is  received  and 
practised  upon  here  and  in  the  rest  of  the  colonies ;  and  all  an- 
cient and  modern  acts  of  parliament,  that  can  be  considered  as  part 
of  or  in  amendment  of  the  common  law,  together  with  such  acts 
of  pariiament,  as  expressly  name  the  plantations,  so  that  the  pow- 
er of  the  British  parliament  is  held  sacred  and  as  uncontroulable 
in  the  colonies,  as  in  England.  The  question  is  not  upon  the  gen- 
eral power  or  right  of  the  parliament ;  but  whether  it  is  not  cir- 
cumscribed within  some  equitable  and  reasonable  bounds  ?  It  is 
hoped  it  will  not  be  considered  as  a  new  doctrine,  that  even  thfe 
authority  of  the  parliament  of  Great  Britain  is  circumscribed  by 
certain  bounds,  v^hich,  if  exceeded,  their  acts  become  those  of 
mere  power  v/ithoul  right,  and  consequently  void.  The  judges 
of  England  have  declared  in  favour  of  these  sentiments,  when  they 
expressly  declare,  that  acts  of  parliament  against  natural  equity 
are  void.  That  acts  against  the  fundamental  principles  of  the 
British  constitution  are  void.  A  very  important  question  here 
presents  itself.  It  essentially  belongs  to  the  society,  both  in  rela- 
tion to  the  manner,  in  which  it  desires  to  be  governed,  and  to  the 
conduct  of  the  citizens.  This  is  called  the  legislative  power.-~ 
The  nation  may  entrust  the  exercise  of  it  to  the  prince  or  to  an 
assembly  ;    or  to  an  assembly  and  the  prince  jointly  ;    who  have 


■^)^ 


4 

.'i' 


29« 


Ik 


P'V^ 


m 


■m 


^i 


then  a  rip^ht  of  inakinpf  new  nnd  abroirating  old  laws.  It  is  hero 
(hMnanded  whether,  if  their  power  extends  so  far,  as  to  the  funda- 
mental laws,  they  may  chatij^e  the  constitution  of  the  state  ?  The 
principles  we  have  laid  down  lead  us  to  decide  this  point  with  cer- 
tainty, that  the  authority  of  these  legfislators  does  not  extend  so  far, 
and  that  they  out^ht  to  consider  the  fundamental  laws  as  sacred,  if 
the  nation  has  not  in  very  express  terms  given  them  the  power  to 
change  them.  For  the  constitution  of  the  state  ought  to  he  fixed  ; 
and  since  that  was  first  established  by  the  nation,  which  afterwards 
trusted  certain  persons  with  the  legislative  powei,  the  fimdamen- 
tal  laws  are  excepted  from  their  commission.  It  appears  that  the 
society  had  only  resolved  to  make  provision  for  the  state's  being 
always  furnished  with  laws,  suited  to  particular  conjunctures,  and 
gave  the  legislature  fjr  that  purpose,  the  power  of  abrogating  the 
ancient  civil  and  political  laws,  that  were  not  fundamental,  and  of 
making  new  ones.  But  nothing  leads  us  to  think  that  it  was  wil- 
ling to  submit  the  constitution  itself  to  their  pleasure. 

"•  When  a  nation  takes  possession  of  a  distant  country  and  settles  a 
colony  there,  that  country   though  separated  from  the  principle 
establishment  or  motiier  country,  naturally  becomes  a  part  of  the 
stale  equally  with  its  ancient  possessions.     Whenever  the  political 
laws  or  treaties  make   no  distinction  between  them  every  thing 
said  of  the   territory  of  a  nation  ought  also  to  extend   to  its  colo- 
nies.   An  act  of  parliament  made  against  natural  equity,  as  to  make 
a  man  judge  in  his  own  cause,  would  be  void,  Hob.  87.  Trin.  12. 
.lac.  Day  v.  Savage,  S.  C.  &  P.  cited  Arg.  10.  Mod.  115.   Hill  11. 
Ann  C.  B.  in  case   of  Thornby  &  Fleetwood,    "  but  says  that  this 
must  be  a  clear  case,  and  judges  will  strain  hard  rather  than  inter- 
pret an  act  void,  ab  initio.''^     This  is  granted,  but  still  their  author- 
ity is  not  boundless,  if  subject  to  the  controul  of  the  judges  in  any 
case.     Holt,  chief  justice,  thenght  what  lord  Coke  says  in   Dr. 
Bonham's  case  a  very  reasonable  and  true  saying,  that  if  an  act  of 
parliament  should  ordain  the  same  person  both  party  and  judge, 
in  his  own  case,  it  would  be  a  void  act  of  parliament,  and  an  act  of 
parliament  can  do  no  wrong,  though  it  may  do  several  things  that 
look  pretty  odd  ;  for  it  may  discharge  one  from  the  allegiance  he 
lives  under,  and  restore  to  the  state  of  nature,  but  it  cannot  make 
one  that  lives  under  a  government  both  party  and  judge,  per  Holt 
C.  J.  12  Mod.  687.  688.  Hill  13.  W.  3.  B.  R.  in  the  case  of  the 
city  of  London  v.  Wood.     It  appears  in  our  books,  that  in  several 
cases,   the   common  law  should  controul  acts  of  parliament,  and 
sometimes  adjudge  them  to  be  utterly  void  ;    for  when  an  act  of 
parliament  is  against  common  right  and  reason,  or  repugnant  and 
impossible  to  be  performed,  the  common  law  shall  controul  it,  and 
adjudge  it  to  be  void,  and  therefore,  8  E.  3.,  30.  Thomas  Tregor's 
case  upon  the  statute  of  W.  2.  cap.  38.  and  Art.  Chart.  9.    Herle 
said  that  sometimes  statutes  are  made  contrary  to  law  and  right, 
which  the  maker  of  them  jtercoiving  will  not  put  them  into  execu- 
tion.    This  doctrine  is  agreeable  to  the  law  of  nature  and  nations, 


It  is  heTP 
he  fiinda- 
ite?   The 
I  with  cer- 
end  90  far, 
1  sacred,  il 
e  power  to 
n  be  fixed  ; 
afterwards 
fiindamen- 
irs  that  the 
atc's  being 
ctures,  and 
ogating  the 
ital,  an<l  of 
it  was  wil- 

and  settles  a 
he  principle 
I  part  of  the 
the  political 
every  thing 
I  to  its  colo- 
y,  as  to  make 
87.  Trin.  12. 

.15.  Hill  11- 
ays  that  this 
er  than  inter- 
their  author- 
udges  in  any 
says  in   Dr. 
Mi  if  an  act  of 
y  and  judge, 
and  an  act  of 
al  things  that 
allegiance  he 
cannot  make 
dge,  per  Holt 
,e  case  of  the 
lat  in  several 
rliament,  and^ 

hen  an  act  of 
epugnant  and 
ontroul  it,  and 
>mas  Tregor's 
art.  9.    Herle 

aw  and  right, 
jm  into  execu- 

e  and  nation*  ^ 


299 


and  to  the  divine  dictates  of  natural  and  revealed  religion.     It  ii 
contrary  to  reason  that  the  supreme  power  should  have  a  right  to 
alter  the  constitution.     This  would  imply  that  thns(3  who  are  in- 
trusted with  sovereignty  by  the  |>eople,  have  a  right  to  do  as  they 
please.     In  other  words,  that  those,  who  arc  invented  with  power 
to  protect  the  people  and  su|)port  their  rights  and  liberties,  have  a 
right  to  make  slaves  of  them.      This  is  not  very   remote  from  a 
tlat  contradiction.     Should  the  parliament  of  Clreat  Britain  follow 
the  example   of  some   other   foreign  otates,  Sweden,  Denmark, 
France,  &c,.  and  vote  thci  king  absolute  and  despotic ;  would  such 
an  act  of  parliament  make  him  so  ?  Would  any  minister  in  his  sen- 
ses advise  a  prince  to  accept  of  such  an  ofl'er  of  power  ?    It  would 
be  unsafe  to  accept  of  such  a  donation  because  the  parliament  or 
donors  would  grant  more  \   an  it  »vas  in  their  power  lawfully  to 
give,  the  law  of  nature  never  invested  them  with  a  power  of  sur- 
rendering their  ov>n  liberty,  and  the  people  certainly  never  intrus- 
ted any  body  of  men  with  a  power  to  surrender  theirs  in  exchange 
for  slavery.     But  if  the  whole  state  be  conquered  if  the  nation  be 
subdued,  in  what  manner  can  a  victor  treat  it  without  transgressing 
the  bounds  of  justice  ?    What  are  his  rights  over  the  conquest  ? 
Some  have  dared  to  advance  this  monstrous  principle,  that  the  con- 
queror is  absolute  master  over  this  conquest,  that  he  may  dispose 
oi  it  as  his  property,  treat  it  as  he  pleases,  according  to  the  com- 
mon expression  of  treating  a  state  as  a  conquered  country,  and 
hence  they  derive  one  of  the  sources  of  despotic  government. — 
But  enough  of  those  that  reduce  men  to  the  state  of  transferable 
goods,  or  use  them  like  beasts  of  burden,  who  deliver  them  up  as 
the  property  or  patrimony  of  another  man.      Let  us  argue  upon 
principles  countenanced  by  reason,  and  becoming  humanity.    The 
whole  right  of  the  conqueror  proceeds  from  the  just  defence  of 
himself,  which  contains  the  support  and  prosecution  of  his  rights. 
Thus  when  he  has  totally  subdued  a  nation    with  whom  he  had 
been  at  war,  he  may  without  dispute  cause  justice  to  be  done  him, 
with  regard  to  what  gave  rise  to  the  war,  and  require  payment  for 
the  expense  and  damage  he  has  sustained  ;  he  may,  according  to 
the  exigency  of  the  place,  impose  penalties  on  it  as  an  example ; 
he  may,  should  prudence  so  dictate,  disable  it  from  undertaking 
any  pernicious  design  for  the  future.      But  in  securing  all  these 
views  the  mildest  means  are  to  be  preferred.     We  are  always  to 
remember,  that  the  law  of  nature  permits  no  injury  to  be  done  to 
an  enemy,  unless  in  taking  measures  necessary  for  a  just  defence 
and  a  reasonable  security.      Some  princes  have  only  imposed  a 
tribute  on  it ;  others  have  been  satisfied  in  stripping  it  of  some  of 
its  privileges,  dismembering  it  of  a  province,  or  keeping  it  in  awe 
by  fortresses ;  others,  as  their  quarrel  was  only  with  the  sovereign 
in  person,  have  left  a  nation  in  the  full  enjoyment  of  its  rights,  on- 
ly setting  a  sovereign  over  it.     But  if  the  conqueror  thinks  prop- 
er to  retain  the  sovereignty  of  the  vanquished  state,  and  has  such 
a  right ;    the  manner  in  which  he  is  to  treat  the  state  still  flows 


ii 


[i 


5) 


•ii 


300 


N 


%  ! 


I  i 


I''  I 


from  the  same  principlog.  If  the  sovereign  be  only  the  just  object 
of  his  complaint,  reason  declares,  that  by  his  conquest  he  acquires 
only  such  rights  ns  actually  belonged  to  the  dethroned  sovereign  ; 
and  on  the  submission  of  his  people  he  is  to  govern  it  according  to 
the  laws  of  the  state.  If  the  people  do  not  voluntarily  submit,  the 
slate  of  war  subsists.  When  a  sovereign,  as  pretending  to  have 
the  absolute  disposal  of  a  people  whom  he  has  conquered,  is  for 
enslaving  them,  he  causes  the  state  of  war  to  subsist  between  this 
people  and  him.  M.  De  Vattel,  B.  3.  c.  10.  sec.  201. 

"  It  is  now  near  three  hundred  years  since  the  continent  of  North 
America  was  first  discovered,  and  that  by  British  subjects ;  the 
Cubois  discovered  the  continent  before  the  Spaniards.  Ten  gen- 
erations have  passed  away,  through  infinite  toils  and  bloody  con- 
flicts, in  settling  ihis  country.  None  of  those  ever  dreamed,  but 
that  they  were  entitled  at  least  to  eqtial  privileges  with  those  of 
the  same  rank  born  within  the  realm. 

"  British  America  has  been  hitherto  distinguished  from  the  slavish 
colonies  round  about  it,  as  the  fortunate  Britons  have  been  from 
most  of  their  neighbours  on  the  continent  of  Europe.  It  is  for 
the  interest  of  Great-Britain  that  her  Colonies  be  ever  thus  dis- 
tinguished. Every  man  must  wilfully  blind  himself  that  does 
not  see  the  immense  value  of  our  acquisitions  in  the  late  war ;  and 
that  though  we  did  not  retain  all  ;it  the  conclusion  of  peace,  that 
we  obtained  by  the  sword,  yet  our  gracious  sovereign,  at  the  same 
time  that  he  has  given  a  divine  lesson  of  equitable  moderation  to 
the  princes  of  the  earth,  has  retained  sufficient  to  make  the  British 
arms  the  dread  of  the  universe,  and  his  name  dear  to  all  posteriy. 

"  To  the  freedom  of  the  British  constitution,  and  to  their  increase 
of  commerce,  it  is  owing,  that  our  colonies  have  flourished  with- 
out diminishing  the  inhabitants  of  our  mother  country,  quite  con- 
trary to  the  effects  of  plantations,  made  by  most  other  nations 
which  have  suffered  at  home,  in  order  to  aggrj^ndize  themselves 
abroad.  This  is  remarkably  the  case  of  Spain.  The  subjects  of 
a  free  and  happy  constitution  of  government,  have  a  thousand  ad- 
vantages to  colonize  above  those  who  live  under  despotic  prince^. 

"  We  see  how  the  British  colonies  on  the  continent  have  out- 
grown those  of  the  French ;  notwithstanding,  they  have  ever 
engaged  the  savages  to  keep  us  back.  Their  advantages  over  us 
in  the  West  Indies,  are,  1st.  A  capital  neglect  in  former  reigns,  in 
suffering  them  to  have  a  firm  possession  of  so  many  valuable  isl- 
ands, thsit  we  had  a  better  title  to  than  they.  2.  The  French,  una- 
ble to  push  their  settlements  effectually  on  the  continent,  have  bent 
their  views  to  islands,  and  poured  vast  numbers  into  them.  3.  The 
climate  and  business  of  these  islands  is  by  nature  much  better 
adapted  to  Frenchmen  and  to  Negroes,  than  to  Britons.  4.  The 
labour  of  slaves,  black  or  white,  will  be  ever  cheaper  than  that 
of  freemen,  because  that  of  individuals  among  the  former,  will 
never  be  worth  so  much  as  with  the  latter;  but  this  difference  is 
jnore  than  supplied,  by  numbers  under  the  advantages  above  men- 


301 


!  just  object 
he  acquires 

sovereign  ; 
iccording  to 

submit,  the 
ing  to  have 
erecl,  is  for 
et\veen  this 

ent  of  North 
ibjects ;  the 
Ten  gen- 
bloody  con- 
reamed,  but 
ith  those  of 

m  the  slavish 
been  from 
c.     It  is   for 
ver  thus  diS' 
If  that   does 
ite  war;  and 
peace, that 
,  at  the  same 
lodoration  to 
ce  the  British 
(  all  posteriy. 
heir  increase 
urished  with- 
:y,  quite  con- 
olher  nations 
;e  themselves 
lie  subjects  of 
thousand  ad- 
potic  prince^- 
ent  have  out- 
y  have   ever 
itages  over  us 
ner  reigns,  in 
f  valuable  isl- 
i  French,  una- 
ent,  have  bent 
lem.     3.  The 
!  much  better 
Lons.     4.  The 
aper  than  that 
e  former,  will 
is  difference  is 
;es  above  men- 


tioned. The  French  will  ever  be  able  to  soil  their  West  India 
produce  cheaper,  than  our  own  islnndrrn  ;  and  yet,  while  our  own 
iiilanders  can  have  such  a  price  for  theirs,  as  to  grow  much  richer 
than  the  French,  or  any  other  of  the  king's  subjects  in  America, 
as  is  the  case  ;  and  what  the  northern  colonies  take  from  the 
French,  and  other  foreign  islands,  centers  linally  in  return  to 
Great  Britain  for  her  manufactures,  to  an  immense  value,  and  with 
tt  vast  profit  to  her.  It  is  contrary  to  the  lirst  principles  of  policy 
to  cloy  such  a  trade  with  duties;  much  more  to  proliibit  it,  to  the 
risque,  if  not  certain  destruction  of  the  fishery. 

"  It  is  allowed  by  the  most  accurate  British  writers  on  commerce, 
Mr.  Postlethwait  in  particular,  who  seems  to  favour  the  cauj-e  of 
the  sugar  islands,  that  one  half  of  the  immense  commerce  of  Great 
Britain  is  with  her  colonies.  It  is  very  certain,  that  without  the 
fishery,  seven  eighths  of  this  commerce  would  cease.  The  fish- 
ery is  the  centre  of  motion,  upon  which  the  wheel  of  all  the  Brit- 
ish commerce  in  America  turns.  Without  the  American  trade, 
would  Britain,  as  a  commercial  state,  make  any  great  figure  i-t 
this  day  in  Europe  ? 

"  Her  trade  in  woollen  and  other  manufactures  is  said  to  be  less- 
ening,  in  all  parts  of  the  world,  bui  America,  where  it  is  increaii- 
ing,  and  capable  of  infinite  increase,  iVorn  a  concurrence  of  every 
circumstance  in  its  favour.  Here  is  an  oxiensive  tenitory  ol  dif- 
ferent climates,  which,  in  time,  will  consume,  and  he  able  to  pay 
for  as  much  manufactures  as  Great  Britain  and  Ireland  can  make, 
if  true  maxims  are  pursued.  The  French,  for  reasons  already 
mentioned,  can  underwork,  and  consequently  undersell  the  English 
manufactures  of  Great  Britain,  in  every  market  in  Europe.  But 
they  can  send  none  of  their  manufactures  here  ;  and  ii  is  the  wish 
of  every  honest  British  American,  that  they  never  may  ;  it  is  best 
they  never  should.  We  can  do  better  without  the  manufactures 
of  Europe,  save  those  of  Great  Britain,  than  with  them.  But 
without  the  West  India  produce  we  cannot ;  without  it  our  fish- 
ery must  infallibly  be  ruined.  When  that  is  gone,  our  own  isl- 
ands will  very  poorly  subsist.  No  British  manufactures  can  be 
paid  for  by  the  colonists.  What  will  follow  ?  One  of  these  two 
things,  both  of  which  it  is  the  interest  of  Great  liritain  to  prevent 
1st.  The  northern  colonists  must  be  content  to  go  naked,  and  turn 
savages.  Or  2d.  become  uianuAicturers  of  linnens  and  woollens, 
to  clothe  themselves ;  which,  if  they  cannot  carry  to  the  perfec- 
tion of  Europe,  will  be  very  destructive  to  the  interests  of  Great 
Britain.  The  computation  has  been  made,  and  that  within  bounds  j 
and  it  can  be  demonstrated,  that  if  North  Atnerica  is  only  driven 
to  the  fatal  necessity  of  manufacturing  a  suit  of  the  most  ordinary 
linnen  or  woollen,  for  each  inhabitant,  annually,  which  may  be 
soon  done,  when  necessity,  ihe  mother  of  invention  shall  operate, 
Great  Britain  and  Ireland  will  lose  two  millions  per  annum,  besides 
a  diminution  of  the  revenue  to  nearly  the  same  amount.  This 
may  appear  paradoxical ;  but  a  few  years  experience  of  the  exo- 


.i:. 


302 


( tition  o(  Wu^  8ugnr  uct,  will  siilTicicntly  convince  the  itiirliiimcnt, 
nul  only  ot'tlx;  inntility,  but  deslructivc  tendency  of  it,  while  cal- 
culations iniiy  be  little  tittended  to.  That  the  trade  with  the  colo- 
nie<i  has  been  of  a  Hurprisinp^  advuntai^e  to  Great  Britain,  notwith- 
»<titn<lin^'  the  want  of  a  good  regulation,  in  past  all  doubt.  Great 
Britain  is  well  known  to  have  increased  prodigiously,  both  in  num- 
bers and  in  wealth,  since  she  began  to  colonize.  To  the  growth 
of  the  plantations,  Britain  is,  in  a  great  measure,  indebted  lor  her 
present  riches  and  strength.  As  the  wild  wastes  of  America  have 
been  turned  into  pleasant  habitations  and  llourishing  trading  towns ; 
so  many  of  tlie  little  villages  and  obscure  boroughs  in  Great  Brit- 
ain, have  put  on  a  new  face,  and  all  suddenly  started  up  and  become 
hir  markets  and  manutacturing  towns,  and  opulent  cities.  Lon- 
don itself,  which  bids  fair  to  be  the  metropolis  of  the  world, 
is  Five  times  more  populous  than  it  was  in  the  days  of  queen  Eliz- 
abeth. Such  are  the  fruits  of  the  spirit  of  commerce  and  liberty. 
Hence  it  is  manifested  how  much  we  all  owe  to  that  beautiful  form 
of  civil  government,  under  which  we  have  the  happiness  to  live. 

''  It  is  evidently  the  interest,  and  ought  to  be  the  care  of  all  those 
entrusted  with  the  administration  of  government,  to  see  that  every 
part  of  the  British  empire  enjoys  to  the  full,  the  rights  they  are 
etititled  to  by  the  laws,  and  the  advantages  which  result  from  their 
being  maintained  witjj  impartiality  and  vigour.  This  we  have 
seen  reduced  to  practice  in  the  present  and  preceding  reigns;  and 
have  the  highest  reason,  from  the  paternal  care  and  goodness  that 
his  majesty,  and  the  British  parliament,  have  hitherto  been  gra- 
ciously pleased  to  discover  to  all  his  majesty's  dutiful  and  loyal 
subjects,  and  to  the  colonists  in  particular,  to  rest  satisfied,  that 
our  privileges  will  remain  sacred  and  inviolate.  The  connection 
between  Great  Britain  and  her  colonies  is  so  natural  and  strong, 
as  'o  iiiiike  their  mutual  happiness  depend  upon  their  mutual  sup- 
port. IS'othing  c:in  tend  more  to  the  destruction  of  both,  and  to 
forward  the  measures  of  their  enemies,  than  sowing  the  seeds  of 
jealous}',  animosity,  and  dissention,  between  the  mother  country 
and  the  colonies. 

'•  A  conviction  of  the  truth  and  importance  of  these  principles, 
induced  Great  Britain,  during  the  late  war,  to  carry  on  so  many 
glorious  enterprises  for  the  defence  of  the  colonies;  and  those  on 
their  part  to  exert  themselves  beyond  their  ability  to  pay,  as  is 
evident,  from  the  parliamentary  reimbursements. 

'•If  the  spirit  of  commerce  was  attended  to,  perhaps  duties  would 
be  every  where  decreased,  if  not  annihilated,  and  prohibitions 
multiplied.  Every  branch  of  trade,  that  hurts  a  community, 
should  be  prohibited  for  the  same  reason,  that  a  private  gentle- 
man would  break  off  commerce  with  a  sharper,  or  an  extensive 
usurer.  It  is  to  no  purpose  to  higgle  with  such  people  ;  you  are 
sure  to  loose  by  them.  It  is  exactly  so  with  a  nation,  if  the  bal- 
ance is  against  them  ;  and  they  can  possibly  subsist  without  the 
commodities  as  they  generally  can  in  such  cases,  a  prohibition  is 


303 


irliamcrif, 
while  caU 
the  colo- 
,  notwith- 
GrcHt 
ihiti  num- 

0  growth 
id  lor  her 
iricu  have 
ng  towns ; 
reat  lirit- 
d  become 
es.  Lon- 
je  world, 
leen  Eliz- 
d  liberty, 
tiful  form 
is  to  live, 
fall  those 
hat  every 

they  are 

irom  their 

we  have 

igns;  and 

tness  that 

leen  gra- 

and  lu^al 

iod,  that 

)nnection 

d  strong, 

tual  sup- 

I,  and  to 

seeds  of 

country 

'inciples, 
so  many 
those  on 
ay,  as  is 

BS  would 
hibitions 
imunity, 

1  gentle- 
xtensjve 
you  are 
the  bai- 
lout the 
bition  is 


Ihf  only  remody ;  for  a  duty  in  such  a  case,  is  like  a  composition 
with  a  thief,  that  for  five  HliillingN  in  the  pound  returned,  he  shall 
rob  you  at  pleasure  ;  when,  if  the  thing  is  examined  to  the  bottom, 
you  arc  at  five  shillings  expense  in  travelling  to  get  back  your 
five  shillings;  and  he  is  at  the  same  expense  in  coming  to  pay  it. 
So  he  robs  you  of  but  ten  shillings  in  the  pound,  that  you  tlnn 
wisely  compound  tor.  To  apply  this  to  trade,  I  believe  every  du- 
ty, that  was  ever  imposed  on  commerce,  or  in  the  nature  of  things 
can  be,  will  be  found  to  be  divided  between  the  state  imposing  the 
duty,  and  the  country  exported  from.  This,  if  between  the  sev- 
eral parts  of  the  same  kingdom  or  dominions  of  the  same  princn. 
can  only  tend  to  embarrass  trade,  and  raise  the  price  of  labour 
above  other  slates,  which  is  of  very  pernicious  consequence  Ut 
the  husbandman,  manufacturer,  mariner  and  merchant,  the  four 
tribes  that  support  the  whole  hive.  If  your  duty  is  upon  a  com- 
modity of  a  foreign  state,  it  is  either  upon  the  whole  useful  and 
gainful ;  and  therefore  necessary  tor  the  husbandman,  manufac- 
turer, mariner  or  merchant,  as  finally  bringing  a  profit  to  the  state, 
by  a  balance  against  your  state.  There  is  no  medium  that  we 
know  of.  If  the  commodity  is  of  the  former  kind,  it  should  b( 
prohibited  ;  but  if  the  latter,  imported  duty  free,  unless  you  would 
raise  the  price  of  labour  by  a  duty  on  necessaries,  or  make  the 
above  wise  composition  for  the  importation  of  commodities,  you 
are  sure  to  lose  by  if. 

"  The  only  test  of  a  useful  commodity  is  the  gain  upon  the  whole 
to  the  state;  such  should  be  free;  the  only  test  of  a  pernicious 
trade  is  the  loss  upon  the  whole  or  to  the  community ;  this  should  be 
prohibited.  If  therefore  it  can  be  demonstrated,  that  the  sugav 
and  molasses  trade  from  the  northern  colonies  to  the  foreign  plan- 
tations, is,  upon  the  whole,  a  loss  to  the  community,  by  <vhich 
term  is  here  meant,  the  three  kingdoms  and  the  British  dominions 
taken  collectively,  then,  and  not  till  then,  should  this  trade  be 
prohibited.  This  never  has  been  proved,  nor  can  be  ;  the  con- 
trary being  certain,  to  wit :  that  the  nation  upon  the  whole  hatU 
been  a  vast  gainer  by  this  trade,  in  the  vend  of  and  pay  for  its 
manufactures ;  and  a  great  loss  by  a  study  upon  this  trade  will  linaliy 
fall  on  the  British  husbandman,  manufacturer,  mariner  and  mer- 
chant; and  consequently  the  trade  of  the  nation  be  wounded,  and 
in  constant  danger  of  being  eat  out  by  those  who  can  undersoil  her. 

"  The  art  of  underselling,  or  rather  of  finding  means  to  undersell, 
is  the  grand  secret  of  thrift  among  commercial  states,  as  well  as 
among  individuals  of  the  same  state.  Should  the  British  sugar 
islands  ever  be  able  to  supply  Great  Britain,  and  her  northern  col- 
onies with  those  articles,  it  will  be  time  enough  to  think  of  a  total 
prohibition  ;  but  until  that  time,  both  prohibition  and  duty  will  be 
found  to  be  diametrically  opposite  to  the  tirst  principles  of  policy. 
Such  is  the  extent  of  this  continent,  and  the  increase  of  its  inhab- 
itants, that  if  every  inch  of  the  British  sugar  islands  was  as  well 
cultivated  as  any  part  of  Jamaica  or  Barbadoes,  they  would  not 


I 

i, 


I 


l-'m 

mt 

HV'.  M!£f{Ml 

Ifti 

K  V^rM 

HI 

Hj'QNB^^ 

HI 

fill 

w^- 

If 

304 


now  be  able  (o  supply  Great  Britain,  and  the  colonies  on  this  con- 
tinent. But  before  such  further  improvements  can  be  supposed 
to  take  place  in  our  islands,  the  demands  will  be  proportionably 
increased  by  the  increase  of  the  inhabitants  on  the  continent. 
Hence  the  reason  is  plain,  why  the  British  sugar  planters  are 
growing  rich,  and  demands  on  them,  ever  will  be  greater  than 
they  can  possibly  supply,  so  long  as  the  English  hold  this  continent, 
and  are  unrivalled  in  the  fishery. 

"  We  have  every  thing  good  and  grest  to  hope  from  our  gracious 
sovereign,  his  ministry  and  his  parliament ;  and  trust,  that  when 
the  services  and  sufferings  of  the  British  American  colonies  are 
fully  known  to  the  mother  country,  and  the  nature  and  importance 
of  the  plantation  trade  more  perfectly  understood  at  home,  that 
the  most  effectual  measures  will  be  taken  for  perpetuating  the 
British  empire  in  all  parts  of  the  world.  An  empire  built  upon 
the  principles  of  justice,  moderation  and  equity,  the  only  princi- 
ples that  can  make  a  state  flourishing,  and  enable  it  to  elude  the 
machinations  ofits  secret  and  inveterate  enemies." 

Excuse  errors,  for  I  cannot  revise  and  correct.  I  hope  your 
patience  will  never  be  put  to  the  trial  of  another  letter  so  long 
and  dry.  One  or  two  more,  much  shorter,  will  close  the  subject 
of  writs  of  assistance,  and  relieve  you  from  ennui,  as  well  as  your 
friend,  JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR, 

Qhi/ioi/,  September  10,  l8iC. 

DEAR  SlH, 

THE  charters  were  quoted  or  alluded  to  by  Mr.  Otis  fre- 
quently in  the  whole  course  of  his  argument:  but  he  made  them 
also  a  move  destined  and  more  solemn  head  of  his  discourse.  And 
here,  these  charters  ought  to  be  copied  verbatim.  But  an  immense 
verbiage  renders  it  impossible.  Bishop  Butler  somewhere  com- 
plaii.s  of  this  enormous  abuse  of  words  in  public  transactions,  and 
John  Heed  and  Theophilus  Parsons  of  Massachusetts  have  at- 
tempted to  reform  it.  So  did  James  Otis  ;  all  with  little  success. 
I  hope,  however,  that  the>r  examples  will  be  followed,  and  that 
common  sense  in  common  language  will,  in  time,  become  fashion- 
able. But  the  hope  must  be  faint  as  long  as  clerks  are  paid  by 
the  line  and  the  number  of  syllables  in  a  line. 

Some  passages  of  these  charters  must  however,  be  quoted ;  and 
1  will  endeavour  to  strip  them  as  well  as  I  can,  of  their  useless 
words.  They  are  recited  in  the  charter  of  king  Willi;\m  and 
queen  Mary,  dated  the  seventh  day  of  October,  in  the  third  year 
r>f  their  reign,  i.  e.  in  1691. 

"  Whereas  king  James  the  first,  in  the  18th  year  of  his  reign, 
did  grant  to  the  council  at  Plymouth,  for  the  planting  and  govern- 


303 


his  con* 
upposed 
tionably 
)ntinent. 
iters  arc 
tter  than 
Qntinent, 

gracious 
lat  when 
)nies  are 
portance 
me,  that 
iting  the 
iiilt  upon 
y  princi- 
lude  the 

)pe  your 
so  long 
e  subject 
1  as  your 
)AMS. 


1818. 

Otis  fre- 
ide  them 
se.  And 
immense 
ere  com- 
ions,  and 
have   at- 

success. 

and  that 
!  fashiou- 

paid  by 

ted;  and 
ir  useless 
V.xm  and 
lird  ye.ir 

lis  reign, 
govern- 


ing New  England,  all  that  part  of  Amorica,  from  the  40th  to  the 
48th  degree  of  latitude,  and  from  sea  to  sea,  together  with  all 
sands,  waters,  fishings,  and  all  and  singular  other  commodities^ 
jurisdictions,  royalties,  privileges,  franchises  and  pre-eminences, 
both  within  the  said  tract  of  land  upon  the  main^  and  also  within 
the  islands  and  seas  adjoining  :  to  have  and  hold,  all,  unto  the  said 
council,  their  heirs  and  successors  and  assigns  forever :  to  be  hoi* 
den  of  his  said  majesty  as  of  his  manor  of  East  Greenwich,  in  free 
and  common  socage,  and  not  in  capite,  or  by  knights'  service. — ^ 
Yielding  to  the  king  a  tifth  part  of  the  ore  of  gold  and  silver.  For 
and  in  respect  of  all  and  all  manner  of  duties^  demands  and  services 
'whatsoever.''^ 

But  I  cannot  pursue  to  the  end  this  infinite  series  of  words.— - 
You  must  read  the  charter  again.  For  although  you  and  I  have  read 
it  fifty  times,  I  believe  you  will  find  it,  as  I  do,  much  stronger  in 
favour  of  Mr.  Otis's  argument  than  I  expected  or  you  will  expect. 
I  doubt  whether  you  will  take  the  pains  to  read  it  again  ;  but  your 
son  will,  and  to  him  I  recommend  it. 

The  council  of  Plymouth,  on  the  10th  of  March,  in  the  3d  year 
of  the  reign  of  Charles  the  first,  granted  to  sir  Henry  lloswell  and 
others,  pai't  of  New  England  by  certain  boundaries,  with  all  the 
prerogatives  and  privileges. 

King  Charles  the  first,  on  the  4th  of  March,  in  the  fourth  year 
of  his  reign  confirmed  to  sir  Henry  Roswell  and  others,  all  those 
lands  before  granted  to  them  by  the  council  of  Plymouth.  King 
Charles  the  first,  created  sir  Henry  Roswell  and  others,  a  body 
corporate  and  politick.  And  said  body  politick,  did  settle  a  coio- 
ny  which  became  very  populous. 

In  1684,  in  the  36th  year  of  king  William  and  queen  Mary's 
dearest  uncle,  Charles  the  second,  a  judgment  was  given  in  the  court 
of  chancery,  that  the  letters  pater.t  of  Charles  the  first,  should  be 
cancelled,  vacated  and  annihilated. 

The  agents  petitioned  to  be  re-incorporated  ;  I  can  easily  con- 
ceive their  perplexity,  their  timidity,  their  uncertainty,  their 
choice  of  difiiculties,  their  necessary  preference  of  the  least  of  a 
multitude  of  evils  :  for  I  have  felt  them  all,  as  keenly  us  they  did. 

William  and  Mary  unite  Massachusetts,  New  Plymouth,  the 
Province  of  Maine  and  Nova  Scotia,  into  one  province,  to  be  hol- 
den  in  fee  of  the  manor  of  East  Greenwich,  paying  one  fifth  of 
gold  and  silver  ore. 

Liberty  of  conscience  to  be  granted  to  all  Christians,  except  pa- 
pists. Good  God  !  A  grant  from  a  king  of  liberty  of  conscience  ' 
Is  it  not  a  grant  of  the  King  of  Kings,  which  no  puppet  or  royalist 
upon  earth  can  give  or  take  away  ? 

The  general  court  impo^vered  to  erect  judicatories  and  courts 
of  record.  The  general  court  inipowered  to  make  laws,  "  not  re- 
pugnant to  the  laws  of  Ehgland.^^  Here  was  an  unfathomable 
gulf  of  controversy*  The  grant  itself,  of  liberty  oj  co7isciencey  was 
repugnant  to  the  laws  of  England      Everv  thing  was  repugnant  to 

39 


f 


n 


306 


(he  laws  of  Engbnd.  The  whole  system  of  colonization  was  be- 
yond the  limits  of  the  laws  of  England,  and  beyond  the  jurisdiction 
of  their  national  legislature.  The  general  court  is  authorized  to 
impose  fines,  &c.  and  taxes. 

But  the  fell  paragraph  of  all,  is  the  proviso  in  these  words : — 
"  Provided  always,  and  it  is  hereby  declared  that  nothing  herein 
shall  extend  or  be  taken  to  erect  or  grant,  or  allow  the  exercise 
of  any  admiralty  court  jurisdiction,  power,  or  authority,  but  that 
the  same  shall  be,  and  is  hereby  reserved  to  us  and  our  successors, 
and  shall  from  time  to  time,  be  erected,  granted  and  exercised  by 
Ttrtue  of  commissions  to  be  issued  under  the  great  seal  of  England, 
or  under  the  seal  of  the  high  adiniral,  or  the  commissioners  for 
executing  the  oflllce  of  high  admiral  of  England." 

The  history  of  this  court  of  admiralty  would  require  volumes. 
Where  are  its  records  and  its  files  ?  Its  libels  and  answers  ?  Its  in- 
terrogatories and  cross  interrogatories  ?  All  hurried  away  to  Eng- 
land, as  I  suppose  never  to  be  seen  again  in  America,  nor  proba- 
bly to  be  inspected  in  Europe. 

The  records  and  files  of  the  court  of  probate  in  Boston  were 
transported  to  Halifax.  Judge  Foster  Hutchinson  had  the  honour 
to  return  them  after  the  peace  of  1783.  But  admiralty  record? 
have  never  been  restored  as  I  have  heard. 

The  subject  may  be  pursued  hereafter  by  your  servant, 

JOHN  ADAMS. 


:  ( 


\:  I 

1 

tfid 

L 

TO  THE  HON.  \VM.  TODOR. 

Qwincj/,  September  13,   1818. 

OEAR   SIR, 

IT  is  some  consolation  to  find  in  the  paragraph  of  the  charter, 
next  following  the  court  of  admiralty,  that  nothing  in  it  "  shall  in 
any  manner  enure,  or  be  taken  to  abridge,*  bar,  or  hinder  any  of 
our  loving  subjects  whatsoever,  to  use  and  exercise  the  trade  of 
fishing  upon  the  coasts  of  New  England,  but  that  they  and  every 
of  them  shall  have  full  and  free  power  and  liberty  to  continue  and 
use  their  said  tiade  of  fishing  upon  the  said  coast,  in  any  of  the  seas 
thereunto  adjoining,  or  any  arms  of  the  said  seas,  or  salt  water 
rivers,  where  they  have  been  wont  to  fish  ;  and  to  build  and  sett, 
upon  the  lands  within  our  said  province  or  colony,  lying  waste, 
and  not  then  possessed  by  particular  proprietors,  such  wharfs,  sta- 
ges, and  work-houses,  as  shall  be  necessary  for  the  salting,  drying, 
keeping  and  packing  of  their  fish,  to  be  taken  and  gotten  upon 
thitl  coast ;  and  to  cut  down  and  take  such  trees  and  other  mate- 
rials there  growing  or  being  upon  any  parts  or  places  lying'  waste, 
and  not  then  in  possession  of  particular  proprietors,  as  shall  be 
needful  for  that  purpose,  and  for  ail  other  necessary  easments, 
helps  and  advantages,  concerning  the  trade  of  fishing  there,  in 
such  manner  and  form,  as  they  have  been  heretofore  at  any  time 


307 


was  be- 
risdiction 
orized  to 

nrords : — 
ig  herein 
exercise 
,  but  that 
iccessors, 
rcised  by 
England, 
ioners  for 

volumes. 
•s  ?  Its  in- 
ly to  Eng- 
or  proba- 

3ton  were 
le  honour 
Y  records 

DAMS. 


1 818. 

!  charter, 
"  shall  in 
er  any  of 

trade  of 
nd  every 
tinne  and 
f  the  seas 
;ilt  water 

and  sett, 
Dg  waste, 
larfs,  sta- 

5  drying, 
ten  upon 
ler  mate- 
ng  waste, 

shall  be 
easments, 

there, in 
any  time 


accustomed  to  do,  without  making  any  willful  waste  or  spoil,  any 
thing  in  these  presents  to  the  contrary  notwithstanding." 

Fellow  citizens !  Recollect  that  "  This  our  province  or  colony" 
contained  the  whole  of  Nova  Scotia  as  well  as  *he  "  Province  of 
Maine,  Massachusetts  bay  and  New  Plymouth."  Will  you  ever 
surrender  one  particle,  one  iota  of  this  sacred  charter  right,  and 
still  more  sacred  right  of  nature,  purchase,  acquisition,  possession, 
usage,  habit  and  conquest  1  Let  the  thunder  of  British  cannon  say 
what  it  will,  I  know  you  will  not.  I  know  you  cannot.  And  if 
you  could  be  base  enough  to  surrender  it,  which  I  know  you  can- 
not and  never  will  be,  your  sons  will  reclaim  it,  and  redemand  it, 
at  the  price  of  whatever  blood  or  treasure  it  may  cost,  and  will 
obtain  it,  secure  it,  and  command  it,  forever.  This  pretended, 
grant  is  but  an  acknowledgment  of  your  antecedent  right  b^  na- 
ture, and  by  English  liberty.  You  have  no  power  or  authority  to 
alienate  it.  It  was  gi  anted,  or  rather  acknowledged  to  your  suc- 
cessors and  posterity  as  well  as  to  you,  and  any  cessions  you  could 
make  would  be  null  and  void  in  the  sight  of  God  and  all  reasonable 
men. 

Mr.  Otis  descanted  largely  on  these  charters.  His  observations 
carried  irresistible  conviction  to  the  minds  and  hearts  of  many 
others  as  well  as  to  mine,  that  every  one  of  those  statutes  from  the 
navigation  act,  to  the  last  act  of  trade,  was  a  violation  of  all  the 
charters  and  compacts  between  the  two  countries,  was  a  funda- 
mental invasion  of  our  essential  rights,  aiid  was  consequently  null 
and  void  ;  that  the  legislatures  of  the  colonies,  and  especially  of 
Massachusetts,  had  the  sole  and  exclusive  authority  of  legislation 
and  especially  of  taxation  in  Ametica. 

The  indecision  and  inconsistency  which  appear  in  some  of  Mr. 
Otis^s  subsequent  writings  is  greatly  to  be  regretted  and  lamented. 
They  resemble  those  of  colonel  Bland,  as  represented  by  Mr.  Wirt 
I  wish  I  had  Col.  Blands's  pamphlet,  that  I  might  compare  it  with 
some  of  Mr.  Otis's. 

I  have  too  many  daily  proofs  of  the  infirmity  of  my  memory  to 
pretend  to  recollect  Mr.  Otis's  reasoning  in  detail.  If,  indeed,  I 
had  a  general  recollection  of  any  of  his  positions,  I  could  not  ex- 
press them  in  that  close,  concise,  nervous  and  energetic  language, 
which  was  peculiar  to  him,  and  which  I  never  possessed. 

I  must  leave  you,  sir,  to  make  your  own  observations  and  re- 
flections upon  these  charters.  But  you  may  indulge  me  in  throw- 
ing out  a  few  hints,  rather  as  queries  or  topicks  of  speculation, 
than  as  positive  opinions.  And  here,  though  1  see  a  wide  field, 
I  must  make  it  narrow. 

1.  Mr.  Bollan  was  a  kind  of  learned  man,  and  of  indefatigable 
research,  and  a  faithful  friend  to  America  ;  though  he  lost  all 
his  influence  when  his  father-in-law  governor  and  general  Shirley 
went  out  of  circulation.  This  Mr.  Bollan,  printed  a  book  very 
early  on  the  ^'  rights  of  the  colonies."  1  scarcely  ever  knew  a 
book  so  deeply  despised.  The  English  reviews  would  not  allow 
it  to  be  the  production  of  a  rational  creature.    In  America  itself 


I'' 


i! 


3oa 


it  was  held  in  no  esteem.  Otis  himself,  expressed  in  the  house  of 
rapresentatives,  in  a  public  speech,  his  contempt  of  it  in  these 
words :  "  Mr.  Bollan^s  book  is  the  strangest  thing  I  ever  read  ; 
under  the  title  of '  Rights  of  Colonies,'  he  has  employed  one  third 
of  his  work  to  prove  that  the  world  is  round  ;  and  another,  that  it 
turns  round ;  and  the  last,  that  the  pope  was  a  devil  for  pretending 
to  give  it  to  whom  he  pleased." 

AH  this  I  regretted.  I  wished  that  Bollan  had  not  only  been 
permitted,  but  encouraged  to  proceed.  There  was  no  doubt  he 
would  have  produced  much  in  illustration  of  the  ecclesiastical  and 
political  superstition  and  despotism  of  the  ages  when  colonization 
commenced  and  proceeded.  But  Bollan  was  discouraged  and 
ceased  from  his  labours. 

What  is  the  idea,  Mr.  Tudor,  of  British  allegiance  ?  And  of  Eu- 
ropean allegiance  ?  Can  you,  or  rather  will  you  analize  it  ?  At 
present,  I  have  demands  upon  me,  w  Jich  compel  me  to  close  ab- 
ruptly, with  the  usual  regard  of  your  friend, 

JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 


II 


^uincy^  Septemler  18,  1818. 

DEAR  SIK, 

THE  English  doctrine  of  allegiance  is  so  mysterious,  fabulous 
and  enigmatical,  that  it  is  difficult  to  decompose  the  elements  of 
which  it  is  compounded.     The   priests,  under  the  Hebrew  econ- 
omy, especially  the  sovereign  pontiffs,   were  anointed  with  conse- 
crated oil,  which  was  poured  upon  their  heads  in  such  profusion, 
tbat  it  ran  down  their  beards,  and  they  were  thence  called  "  the 
Lord's  anointed."     When  kings  were  peroiitted  to  be  introduced, 
they  were  anointed  in  the  same  manner  by  the  sovereign  pon- 
tiff ;  and  they  too   were  called  "  the   Lord's  anointed."     When 
the  pontiiTs  of  Rome  assumed  the    customs,   pomps  and  cere- 
monies of  the  Jewish  priesthood,  they  assumed  the  power  of 
consecrating  things,  by  the  same  ceremony  of  "  holy  oil."     The 
pope,  who,  as  vicar  of  God,  possessed  the  whole  globe  of  earth 
in  supreme  dominion  and  absolute  property,   possessed  also   the 
power  of  sending  the   holy  ghost    wherever  \\e  pleased.     To 
France   it   pleased  his  holiness  to  send   him  in  a  phial  of  oil ; 
to  Rheiras  in  the  beak  of  a  dove.     I  have  not   heard,  that  my 
my  friend,  Louis  18th.   has  been  consecrated  at  Rheims  by  the 
pouring  on  of  this  holy  oil ;  but  his  worthy  elder  brother,  Louis 
16th.  was  so  consecrated  at  a  vast  expense  of  treasure  and  ridicule. 
How  the  holy  bottle  was  conveyed   to  England,  is  worth  inquiry. 
But  there  it  is,  and  is  used  at  every  coronation  ;  and  is  demurely, 
if  not  devoutly  shewn  to  every  traveller  who  visits  the  tower. 
These  ideas  were  once  as  firmly  established  in  England,   as  they 
were  in  Rome  ;  and  no  small  quantity  of  the  relich  of  them  remain 
to  this  day.     Hence  the  doctrines  of  the  divine  right  of  kings,  and 


309 


louse  of 
in  these 
?  read  ; 
ne  third 
-,  that  it 
^tending 

ly  been 
loubt  he 
tical  and 
>nization 
iged  and 

id  of  Eu- 
eit?  At 
close  ab- 

lAMS. 


1818. 

fabulous 
ments  of 
ew  econ- 
ith  conse- 
rofusion, 
led  "  the 
roduced, 
ign  pon- 
When 
nd  cere- 
)ower  of 
,"  The 
of  earth 
also   the 


ed. 

lof 

that 


To 
oil; 
my 


s 


by  the 
er,  Louis 
ridicule. 

inquiry, 
emu  rely, 
e  tower. 

as  they 
n  remain 
ings,  and 


the  duties  in  subjects  of  unlimited  submission,  passive  obcdienbe 
and  non-resistance,  on  pain  (Oh,  how  can  I  write  it)  ot  eternal  dam- 
nation. These  doctrines  have  been  openly  and  boldly  asserted 
and  defended,  since  my  memory,  in  the  town  of  Boston,  and  in  the 
to»vn  of  Quincy,  by  persons  of  no  small  consideration  in  the  world. 
>irhom  1  could  name,  but  I  will  not,  because  their  posterity  are 
much  softened  from  this  severity. 

This  indelible  character  of  sovereij^nty  i"  kings,  and  obedience 
in  subjects,  still  remains.  The  ris^hts  and  duties  are  inherent,  un- 
alienable, indefeasible,  indestructible  and  immortal.  Hence  ihe 
right  of  a  lieutenant  or  midshipman  of  a  British  man  of  war,  to 
search  all  American  ships,  impress  every  seaman  his  judgeship 
shall  decree  by  law,  and  in  fact  to  bo  a  subject  of  his  king,  and 
compel  him  to  tight,  though  it  may  be  ngainst  his  father,  brother 
or  son.  My  countrymen  !  will  you  submit  to  these  miscrablf 
remnants  of  priestcraft  and  despotism  ? 

There  is  no  principle  of  law  or  government,  that  has  been  more 
deliberately  or  more  solemnly  adjudged  in  Great  Britain,  than 
that  allegiance  is  not  due  to  the  king  in  his  otficial  capacity  or 
political  capacity,  but  merely  to  his  personal  capacity.  Allegiance 
to  parliament  is  no  where  fonnd  in  English,  Scottish  or  British 
laws.  What,  then,  had  our  ancestors  to  do  \vith  parliament? 
Nothing  more  than  with  the  .Tewish  Sanhedrim,  or  Napoleon's 
literary  and  scientific  Institute  at  Grand  Cairo.  They  owed  no 
allegiance  to  parliament  as  a  whole,  or  in  part.  None  to  the 
house  of  lords,  as  a  branch  of  the  legislature,  nor  to  any  individ- 
ual peer  or  number  of  individuals.  None  to  the  house  of  com- 
mons, as  another  branch,  nor  to  any  individual  commoner  or  group 
of  commoners.  They  owed  no  allegiance  to  the  nation,  any  mop- 
than  the  nation  owed  to  thcm|||^nd  they  had  as  good  and  clear 
a  right  to  make  laws  for  England,  as  the  people  of  England  had 
to  make  laws  for  them. 

What  right,  then,  had  king  James  1st.  to  the  sovereignty,  do- 
minion, or  property  of  North  America  ?  No  more  than  king 
George  3d.  has  to  the  Georgium  Sidus,  because  Mr.  HerscheJI 
discovered  that  planet  in  his  reign.  His  only  colour,  pretension 
or  pretext  is  this.  The  pope,  as  head  of  the  church,  was  sove- 
reign of  the  world.  Henry  8th.  deposed  him,  became  head  ol 
the  church  in  England  ;  and  consequently  became  sovereign  mas- 
ter and  proprietor  of  as  much  of  the  gbbe  as  he  could  grasp.  A 
group  of  his  nobles  hungered  for  immense  landed  estates  in  Amer- 
ica, and  obtained  from  his  quasi  holiness  a  large  tract.  But  it  was 
useless  and  unprofitable  to  them.  They  must  have  planters  and 
settlers.  The  sincere  and  conscientious  protestants  had  been  driven 
from  England  into  Holland,  Germany,  Switzerland,  &c.  by  the 
terrors  of  stocks,  pillories,  croppings,  scourges,  imprisonments, 
roastings  and  burnings,  under  Henry  8th.  Elizabeth,  Mary,  James 
1st.  and  Charles  1st.  The  noblemen  and  gentlemen  of  the  council 
of  Plymouth  wanted  settlers  for  their  lands  in  America,  and  setou 
foot  a  negotiation  with  the  persecuted  fugitive  religionists  abroad, 


I 


J 


I 


310 


promised  them  liberty  of  conecience,  exemption  from  all  jurisdic- 
tion, ecclesiasticiil,  civil  and  political,  except  allegiance  to  the 
king,  and  the  tribute,  moderate  surely,  of  one  fifth  of  gold  and 
silver  ore.  This  charter  was  procured  by  the  council  at  Plymouth, 
and  displayed  off  as  a  lure  to  the  persecuted,  fugitive  Englishmen 
abroad  ;  and  they  were  completely  taken  into  the  snare,  as  Charles 
2d.  convinced  them  in  the  first  year  of  his  actual,  and  the  twelfth 
of  his  imaginary  reign.  Sir  Josiah  Child,  enemy  as  he  was,  has 
stated,  in  the  paragraphs  quoted  from  him  in  a  former  letter  fairly 
and  candidly  the  substance  of  these  facts. 

Our  ancestors  had  been  so  long  abroad,  that  they  had  acquired 
comfortable  establishments,  especially  in  Holland,  that  singular 
region  of  toleration,  that  glorious  asylum  for  persecuted  Hugunots 
and  Puritans ;  that  country  where  priests  have  been  enternally 
worrying  one  another ;  and  alternately  teazing  the  government 
to  persecute  their  antagonists,  but  where  enlightened  statesmen 
have  constantly  and  intrepidly  resisted  their  wild  fanaticism. 

The  first  charter,  the  charter  of  James  1st.  is  more  like  a  treaty 
between  independent  sovereigns,  than  like  a  charter  of  grant  of 
privileges  from  a  sovereign  to  his  subjects.  Our  ancestors  were 
tempted  by  the  prospect  and  promise  of  a  government  of  their 
own,  independent  in  religion,  government,  commerce,  manufac- 
tures, and  every  thing  else,  excepting  one  or  two  articles  of  tri- 
fling importance. 

Independence  of  English  church  and  state,  was  the  fundamental 
principle  of  the  first  colonization,  has  been  its  general  principle 
for  two  hundred  years,  and  now  I  hope  is  past  dispute. 

Who  then  was  the  author,  inventor,  discoverer  of  independence  ? 
The  only  true  answer  must  be  the  first  emigrants ;  and  the  proof 
of  it  is  the  charier  of  James  1st.  jJIVhen  we  say,  that  Otis,  Adams, 
Mayhew,  Henry,  Lee,  Jefferson,  aic.  were  authors  of  indepen- 
dence, we  ought  to  say  they  were  only  awakeners  and  revivers  of 
the  original  fundamental  principle  of  colonization. 

I  hope  soon  to  relieve  you  from  the  trouble  of  this  tedious  cor- 
respondence with  your  humble  servant,  JOHN  ADAMS. 


TO  THE  HON.  WM.  TUDOR. 


Qttincy,  September  523,  1818. 

BEAK  SIR,  * 

IF,  in  our  search  of  principles,  we  have  not  been  able  to  in- 
vestigate any  moral,  philosophical  or  rational  foundation  for  any 
claim  of  dominion  or  property  in  America,  in  the  English  nation, 
their  parliament  or  even  of  their  king ;  if  the  whole  appears  a 
mere  usurpation  of  fiction,  fancy  and  superstition  ;  what  was  the 
right  to  dominion  or  property  in  the  native  Indians  ? 

Shall  we  say,  that  a  few  handfuUs  of  scattering  tribes  of  savages 
have  a  right  to  dominion  and  property  over  a  quarter  of  the  globe. 


»« 


311 


iirisdic- 
to  the 
)ld  and 
mouth, 
lishmen 
Charles 
twelfth 
was,  has 
;r  fairly 

icquired 
singular 
[ugunots 
iternally 
ernment 
;atesinen 
im. 

!  a  treaty 
'  grant  of 
ors  were 
of  their 
manufac- 
les  of  tri- 

damontal 
principle 

endence  ? 

the  proof 
,  Adams, 
indepen- 
vivers  of 

dious  cor- 
DAMS. 


1818. 

able  to  iQ- 
3n  for  any 
sh  nation, 
appears  a 
at  was  the 

of  savages 
the  globe, 


capable  of  nourishing  hundreds  of  happy  human  beings  ?     Win 
had  not  Europeans  a  right  to  come  and  hunt  and  fish  with  them  ? 

The  Indians  had  a  right  to  life,  liberty  and  property  in  common 
with  all  men ;  but  what  right  to  dominion  or  property  beyond  these '? 
Every  Indian  had  a  right  to  his  wigwam,  his  armour,  his  utensils ; 
when  he  had  burned  the  woods  about  him,  and  planted  his  corn 
and  beans,  his  squashes  and  pompions,  all  these  were  his  undoubt- 
ed right:  but  will  you  infer  from  this,  that  he  had  right  of  exclu- 
sive dominion  and  property,  over  immense  regions  of  uncultivated 
wilderness,  that  he  never  saw,  that  he  might  have  the  exclusive 
privilege  of  hunting  and  fishing  in  them,  which  he  himself  never 
expected  or  hoped  to  enjoy  ? 

These  reflections  appear  to  have  occurred  to  our  ancestors  ; 
end  their  general  conduct  was  regulated  by  them.  They  do  not 
seem  to  have  had  any  confidence  in  their  charter,  as  conveyina, 
any  right,  except  against  the  king,  who  signed  it.  They  consid- 
ered the  right  to  be  in  the  native  Indians.  And  in  truth  all  the 
right  there  was  in  the  case,  lay  there.  They  accordingly  respect- 
ed the  Indian  wigwams  and  poor  plantations  ;  their  clambanks  and 
musclebanks  and  oysterbanks,  and  all  their  property. 

Property  in  land,  antecedent  to  civil  society,  or  the  social  com- 
pact, seems  to  have  been  confined  to  actual  possession  and  power 
of  commanding  it.  It  is  the  creature  of  convention  ;  of  social 
laws  and  artificial  order.  Our  ancestors,  however,  did  not  amuse 
themselves,  nor  puzzle  themselves  with  these  refinements.  Ther 
considered  the  Indians  as  having  rights  ;  and  they  entered  into  ne- 
gfotiations  with  them,  purchased  and  paid  for  their  rights  and 
claims,  whatever  they  were,  and  procured  deeds,  grants,  and 
quit  claims  of  all  their  lands,  leaving  them  their  habitations,  arms, 
utensils,  fishings,  huntings  and  plantations.  There  is  scarcely  a 
litigation  at  law  concerning  a  title  to  land,  that  may  not  be  traced 
to  an  Indian  deed.  1  have  in  my  possession,  somewhere,  a  parch- 
ment copy  of  a  deed  of  Massasoit  of  the  township  of  Braintree, 
incorporated  by  the  legislature  in  one  thousand  six  hundred  and 
thirty  nine.  And  this  was  the  general  practice  thro oijh  the  coun- 
try, and  has  been  to  this  day  through  the  continent.  In  short,  I 
see  not  how  the  Indians  could  have  been  treated  with  more  equity 
or  humanity,  than  they  have  been  in  general  in  North  America 
The  histories  of  Indian  wars  have  not  been  suffiiMently  regarded 

When  Mr.  Hutchinson's  history  of  Massachusetts  bay  first  n|)- 
peared,  one  of  the  most  common  criticisms  upon  it,  was  the  sliglil, 
cold  and  unfeeling  manner  in  which  he  p.issed  over  the  Indian 
wars.  I  have  heard  gentlemen  the  best  informed  in  the  history  of 
the  country,  say,  "  he  had  no  sympathy  for  the  suffering-  of  his 
ancestors,"  "otherwise  he  could  not  have  winked  out  of  sight, 
one  of  the  most  important,  most  affecting,  afflicting  and  distressing 
branches  of  the  history  of  his  country." 

There  is  somewhere  in  existence,  as  I  hope  and  believe,  a  man- 
uscript history  of  Indian  wars,  written  by  the  Rev.  Samuel  Niles  of 
Brakitree.     Almost  sixty  years  ago,  I  was  an  humble  acquaintance 


__  _J 


312 


of  this  venerable  clergfyman,  then,  as  1  beheve  more  than  four 
iicore  years  of  ii<;e.  IJe  askci]  me  many  questions,  and  informed 
me,  in  his  oM'n  house,  that  he  was  endeavouring  to  recollect  and 
commit  to  writing  an  history  of  Indian  wars,  in  his  own  time,  and 
before  it,  as  (,iv  as  he  could  collect  information.  This  history  he 
completed  and  prepared  for  the  press  :  but  no  printer  would  un- 
dertake it,  or  venture  to  propose  a  subscription  for  its  publication. 
Since  my  return  from  Europe,  I  enquired  of  his  oldest  son,  the 
lion.  Samuel  Niles  of  Braintree,  on  a  visit  he  made  me  at  my  own 
house,  what  was  become  of  that  manuscript  ?  He  laughed,  and 
said  it  was  still  safe  in  the  till  of  a  certain  trunk  ;  but  no  encour- 
agement had  ever  appeared  for  its  publication.  Ye  liberal  chris- 
tians !  Laugh  noi  at  me,  nor  frown  upon  me,  for  thus  reviving  the 
memory  of  your  once  formidable  enemy.  I  was  then  no  ihore  of 
;i  disciple  o^  his  theological  science  than  ye  are  now.  But  I  then 
revered  and  still  revere  the  honest,  virtuous  and  pious  man.  Fas 
at  ct  ab  hoste  doCeri.  And  his  memorial  of  facts  might  be  of  great 
value  to  this  country. 

What  infinite  pains  liave  been  taken  and  expenses  incurred  in 
treaties,  presents,  stipulated  aumsof  money,  instruments  of  agricul- 
ture, education  ?  What  dangerous  and  unwearied  labours  to  con- 
vert the  poor  ignorant  savages  to  Christianity  ?  And  alas!  with 
how  little  success?  The  Indians  are  as  bigotted  to  their  religion  as 
the  Mahometans  are  to  their  Koran,  the  Hindoos  to  their  Shaster, 
the  Chinese  to  Confucius,  the  Romans  to  their  Saints  and  Angels, 
or  the  Jews  to  Moses  and  the  Prophets.  It  is  a  principle  of  reli- 
gion, at  bottom,  which  inspires  the  Indians  with  such  an  invincible 
aversion  both  to  civilization  and  Christianity.  The  same  principle 
has  excited  their  perpetual  hostilities  against  the  colonists  and  the 
independent  Americans. 

If  the  EInglish  nation,  their  parliaments  and  all  their  kings  have 
appeared  to  be  totally  ignorant  of  all  these  things,  or  at  least  to 
have  vouchsafed  no  consideration  upon  them  ;  if  we,  good  patri- 
otic Americans  have  forgotten  them,  Mr.  Otis  had  not.  He  enlar- 
ged on  the  merit  of  our  ancestors  in  undertaking  so  perilous,  ar- 
duous, and  almost  desperate  an  enterprize,  in  disforresting  bare 
creation  ;  in  conciliating  and  necessarily  contending  with  Indian 
natives ;  in  purchasing  rather  than  conquering  a  quarter  of  the 
globe  at  their  own  expense,  at  the  sweat  of  their  own  brows  ;  at 
the  hazard  and  sacrifice  of  their  own  lives  ;  without  the  smallest 
aid,  assistance  or  comfort  from  the  government  of  England,  or 
from  England  itself  as  a  nation.  On  the  contrary,  constant  jeal- 
ousy, envy,  intrigue  against  their  charter,  their  religion  and  all 
their  privileges.  Laud,  the  pious  tyrant  dreaded  them,  as  he  fore- 
saw they  would  overthrow  his  religion. 

Mr.  Otis  reproached  the  nation,  parliaments  and  kings  with  in- 
justice, ungenerosity,  ingratitude,  cruelty  and  perfidy  in  all  their 
conduct  towards  this  country,  in  a  style  of  oratory  that  I  never 
hoard  equalled  in  this  or  any  other  country. 

JOHN  ADAMS. 


,■•4- 
f> 


than  lour 
informed 
)llect  and 
time,  and 
listory  he 
vould  un- 
blication. 
;  son,  the 
it  my  own 
hed,  and 
o  encour- 
sral  chris- 
riving  the 
0  rhore  of 
iut  I  then 
lan.     Fas 
e  of  great 

icurred  in 
ofagricul- 
irg  to  con- 
ilas!  with 
religion  as 
ir  Shaster, 
id  Angels, 
lie  of  reli- 
invincible 
B  principle 
3ts  and  the 

kings  have 
at  least  to 
;ood  patri- 
He  enlar> 
erilous,  ar- 
jsting  bare 
trith  Indian 
*ter  of  the 
brows ;  at 
\\e  smallest 
ngland,  or 
stant  jeal- 
ion  and  all 
as  he  fore- 

igs  with  in' 
in  all  their 
at  I  never 

ADAMS. 


